Trash Legal Costs Continue to Mount; More Plaintiffs Added to Suit

Thursday, December 17, 2009

Trash Legal Costs Continue to Mount; More Plaintiffs Added to Suit

December 16, 2009 - Staff Report
From the Call Newspapers, Dec. 16, 2009

A third plaintiff has been added in the class-action lawsuit against St. Louis County and the three waste haulers that serve its trash districts exclusively. Oakville resident Mike Weber joined Paul Marquis of Fenton and Cathy Armbruster of Lemay in their suit against the county, Allied Waste, IESI and Veolia Environmental Services.

The plaintiffs' attorneys amended their petition Friday to include Weber after IESI claimed it could not be sued because neither Marquis nor Armbruster live in its trash district. Weber does. The class-action suit, filed in September with the St. Louis County Circuit Court, claims both the trash districts and the mandated trash service are illegal.

Representing residents and other county property owners, the plaintiffs want Allied, IESI and Veolia to repay all the fees they've collected since they began servicing the trash districts last fall. The lawsuit also asks the court to declare county ordinances establishing the districts and prohibiting unauthorized haulers from providing trash removal within them "illegal and void."

The case initially was to go before Circuit Judge Patrick Clifford, but the county successfully motioned for a change of judge last month. Circuit Judge Robert Cohen took the county's motion to dismiss the suit under submission Friday, December 11.

3 comments:

Anonymous6:29 PM
It is my belief, that this thing will circle the wagons several times, and end up getting set aside. There will be no settlement, and it will get tossed out on merit.
Only the lawyers make some money on this.
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Anonymous7:00 PM
Makes one wonder why the county would request a change of the judge - hummmmmmmmmmmmm!!!!!!!!!!!
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Anonymous9:10 AM
This law suit is ridiculous against the plaintiff hauling companies. Those companies bid in good faith, were awarded contracts in good faith, and are operating at the direction of St. Louis County.
This course of events is the complete result of actions taken by St. Louis County. St. Louis County is the only plaintiff in this arena.
If the courts act against St. Louis County, it will cost tax payers additonal millions of dollars over and above the millions already spent and wasted.
The courts must dismiss on lack of merit on behalf of the taxpayers in St. Louis County.
And sanctions should be issued against the county to insure fair play in the future.
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Need Information From Other Trustees? Trustee Networking Group Contacts

The Subdivision Trustee Networking Group was formed in the fall 2007 for the purpose of providing networking opportunities between subdivision trustees in the greater St. Louis area. The group holds periodic meetings to discuss issues of interest to trustees. For information, contact any of the following:

Bob Meyer (63128) 314-892-6646
bjmey2@sbcglobal.net

Bill Rogers (63129) 314-892-8632
subtrustees@swbell.net

Rich Tucker (63128) 314-487-4281
richtucker48@juno.com

Nancy Galovich (63129)
314-487-8551
galovich@swbell.net

Paddock Forest

Paddock Forest, located in North St. Louis County, near the intersection of Hwy. 367 and Parker Road, consists of 434 single family homes, 270 condominium units in three separate developments, 130 acres of wooded common ground with meadows and two lakes. Construction started in 1966. Paddock Forest was the first subdivision in St. Louis County to be built under the Planned Environment Unit Procedure. All single family homes have two car garages. Square footage ranges from 1,500-3,000. Annual assessment is currently $115.00 for single family homes and $28.75 for condominium units, which pays for mowing of 50+ acres common ground, tree removal and upkeep, entrance islands, 63 dusk to dawn street lights, insurance, newsletters, as well as other communications. Sale prices of homes range between $150,000-$220,000. The single family homeowners association is governed by a five member board of directors.

Queen Anne Village Subdivision

Queen Anne Village subdivision consists of 80 homes and 90 condominiums located in unincorporated west St. Louis county near the Jewish Community Center in Creve Coeur. Established in 1966, the community boasts a private 6 acre park with a serene stocked lake. The condominiums offer a swimming pool and clubhouse. Market values range between $250,000 and $300,000 for homes and $150,00 and $250,00 for condos. Separate boards govern the homeowners association and the condominium association. Current homeowners assessments are $90 per lot, which covers the cost of lighting, insurance and common area maintenance. Condominium fees are undisclosed.

River Walk at Bee Tree Park - 63129

We are located in the southern part of Unincorporated St. Louis County off of Becker Road and adjacent to the entrance to St. Louis County Bee Tree Park near the confluence of the Meramec and Mississippi rivers. There are fourteen acres of common ground which allows most homes to have woods behind each home. The subdivision, consisting of one and two story homes, was built between 1990 and 1995 and has 64 homes, ranging in price from $250,000 t0 $350,000, on one-third acre and larger lots. Our annual assessment has been maintained at $100 per year for the last twenty-two years and is used to pay the monthly electric bill for the Street Lights, Maintenance of two Cul-de-Sacs and one Retention Basin, Liability Insurance for the common ground, annual Registration with the State of Missouri, and periodic attorneys fees for indenture changes.

Towne South (63128)

Started in 1962 by FISHER & FRICHTEL Development CORP. The homeowners association was recorded with the St. Louis county recorder of deeds and Secretary of State in MAY 1962. Towne South consists of 715 Homes. We are bordered by Old Tession Ferry Rd. on the west, Mattis Rd. on the North, and Kerth Rd. on the East. There are approximately 35 acres of common ground spread through the subdivision, mostly along creek lines. There are 15 dusk-to-dawn lights and 3 entrances with lights. Annual assessment is $50 per year. The average home is now selling between$160,000 &$215,000

Village at Paddock Lake

Built in the 1990s, we have 73 units, all are duplex units, single level, except for one. Prices range from, $90,000 to $ 130,000 based on unit size - from 1000 - 16000 sq. ft. Located in north County, in general area West of Partridge run and north of Parker road. Annual condo fees range from $1450 to $2260, based on size. The fees include - street lighting, street repairs and maint., common ground, trash, sewer, water, interior security system, entry/exit gate operation with coded entry system, clubhouse, lawn/snow maint. landscaping, unit exterior maint. We are an adult community, under Federal Public law - The older persons act of 1995, wherein, a resident must be over 55, have no children living with him under the age of 18, and only 3 residents to a home.

Woodsmill Subdivision, Ballwin, MO. 63011

Woodsmill Subdivision was built in the late 1960’s by Cassilly Realty Co. which was located in Webster Groves, MO.

The design called for 269 single family detached homes and roughly 27 acres of common ground. Construction on the majority of the homes was completed between 1967 and 1970. The last home, at 812 Dutch Mill, was completed in mid 1971.

The Woodsmill Clubhouse was the original structure on the roughly 116 acre farm. Prior to the subdivision construction, part of the clubhouse was used as a tack room (to store bridles and saddles) for the farms horses.
Originally Woodsmill Subdivision was in unincorporated St. Louis County but was annexed by the City of Ballwin in 1996.

Woodsmill Subdivision is located in West St. Louis County in the City of Ballwin, Missouri. We are conveniently located approximately 2.5 miles south of Highway 40 (I-64) on Highway 141 (Woods Mill Road).

Henry Avenue borders the west side of our community and allows easy access to Clayton Road to the north and Manchester Road to the south. Bordering our community to the south/west is the highly rated Parkway Elementary school (Henry Elementary).

Westglen Village & South Subdivision - Ballwin

Westglen Village and South Subdivision is located in the southwest corner of the city of Ballwin, in west St. Louis County. Our subdivision consists of 492 single family homes built in the mid 1970's, and an 80 unit apartment complex. We offer tree-lined streets, several areas of attractive common ground, and a subdivision swimming pool. Subdivision dues are $200.00 per single family home. The invoice amount is due in full by March 31st. This assessment is used for: the maintenance and management of the pool; the maintenance of common ground, monuments, walkways, and lights; and for the cost of phones, post office box, signs, and various other subdivision expenses.

Woodsmill Subdivision, Ballwin, MO. 63011

Woodsmill Subdivision was built in the late 1960’s by Cassilly Realty Co. which was located in Webster Groves, MO.

The design called for 269 single family detached homes and roughly 27 acres of common ground. Construction on the majority of the homes was completed between 1967 and 1970.

The last home, at 812 Dutch Mill, was completed in mid 1971.

The Woodsmill Clubhouse was the original structure on the roughly 116 acre farm. Prior to the subdivision construction, part of the clubhouse was used as a tack room (to store bridles and saddles) for the farms horses.

Originally Woodsmill Subdivision was in unincorporated St. Louis County but was annexed by the City of Ballwin in 1996

Woodsmill Subdivision is located in West St. Louis County in the City of Ballwin, Missouri. We are conveniently located approximately 2.5 miles south of Highway 40 (I-64) on Highway 141 (Woods Mill Road).

Henry Avenue borders the west side of our community and allows easy access to Clayton Road to the north and Manchester Road to the south. Bordering our community to the south/west is the highly rated Parkway Elementary school (Henry Elementary).

Quotes Worth Repeating

St. Louis County can impose and collect taxes on a transportation system, that about $3 of the general population uses. Yet, they impose and make mandatory a recycle system on 100% of the population, and they don't collect and pay for the service.

. . . Anonymous
~~~~~

"Thank You! -

Just let me say that I absolutely love your website. It is the most informative I have seen. I have recommended your website to everyone I know that lives in St. Louis County and I encourage them to go to it every single day, not just once but a number of times as some new information is always popping up.

I really just wonder why the news stations haven't said anything about all of this - especially Elliott Davis!?!

I think we all know why there hasn't been much in the Post Dispatch!!!!!!!!!!

Again, Thank You.

Sincerely,
Sherry

~~~~~

“St. Louis County is trying to accomplish a noble goal through a lousy process,” she said. The plan, Englund said, is “creating division and mistrust.”

. . . Vicki Englund

~~~~~

"The county would have us believe that we are anti-recycling by being against the districting plan, and that is simply not the case. Many of us in this room are not anti-recycling, we are for it and many of us already do recycle. However, many of us in this room are against forced recycling. It takes away our choice of trash haulers, that's the difference."

. . . Celeste Witzel

~~~~~

"This clumsy, monopoly trash-district plan is not the will of the people. It hasn't arose from the people saying 'This is what we want.' It is a political power play to create monopoly franchises for favorite insiders."

. . . Rep. Jim Lembke (R) Lemay

Subdivision Trustees - St. Louis Metro Area

Thursday, December 17, 2009