This section contains the nature of the case and procedural background.

P and D executed a sludge processing agreement. D was to process the sludge by solar drying on county land for twenty-five years. The sludge drying facility would be located temporarily on a county landfill, the facility would be relocated within three years, and that P was 'diligently pursuing the acquisition of a permanent site.' P was obligated for a minimum of three years to seek a permanent site for the sludge drying facility. P had the right to terminate the Agreement 'if P does not succeed in acquiring a permanent site within three (3) years.' The Agreement required D to provide a closure plan to the County for approval prior to operation, furnish the County a $1 million performance bond within sixty days, and comply with all local, state, and federal environmental laws. Disputes arose between the parties and P sued D and D counterclaimed. The jury found (1) D did not materially breach the Agreement, (2) P was not damaged by any breach by D, (3) the Agreement did not permit P to terminate after three years, (4) P breached the Agreement, (5) D was damaged by P's breach, and (6) D's damages totaled $9.2 million. P filed a motion seeking relief from the judgment in the alternative forms of JMOL, new trial, and/or remittitur. In a detailed ruling, the trial court denied P's motion. P appealed.

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