It looks like the little guy is stepping up to the big guy in the classic David and Goliath archetype.
But this is not the territory of God's land.
It is over the territory of... Fryer Oil?
Record Searchlight of Redding, CA reports this. (Click Link for Full Story)
Joshua Lee Phelps, 27, was detained, cited on suspicion of petty theft, and released after a driver from North State Rendering Co. spotted him sucking grease from one of the Chico company's tanks behind Casa Ramos Mexican Restaurant on Hilltop Drive, Cpl. Eric Niver said.
But Phelps' employer said the incident was "a big fat misunderstanding" and nothing more than strong-arm tactics by rival North State Rendering in an effort to quash new competition.
How much of a misunderstanding is there?
The law that Cpl. Niver appears to be stating is that of "possession is 9/10ths of the law". However WOR is contending that what is on restaurant property is still restaurant property and thus to be distributed by whomever is in charge of said restaurant. If this was North State Renderings oil depot that Phelps was pumping out of they might have a case for this theft. But since the container is on the restaurant's property as a waste receptacle, it would also be deemed that if the receptacle ever leaked, it would be up to the restaurant to clean up not NSR.
Supreme Court Case 486 U.S. 35 Greenwood vs. California is the case in which waste and property are determined when in legal matters. Waste being defined as the unwanted products being discarded by a property owner, and property being determined as what land they have right and responsibility toward in legal issues.
Also as a note of interest. Technically WOR was simply taking the fryer oil, they do not take "grease" which is typically lard or animal fat buildups. They leave all that collection for NSR. WOR is only interested in the oil that can be turned into biodiesel.
