Sunday, January 17, 2010

Developments in Trash Program Lawsuits

There are new developments in two of the three trash lawsuits concerning St. Louis County’s controversial trash districting program.

On his last day on the bench (order dated December 29, 2009), St. Louis County Circuit Judge Larry Kendrick issued an order to deny St. Louis County’s motion to dismiss the suit brought by two unincorporated county residents and a trash hauler in August of 2008. This case is referred to as the “right to vote” case and will now proceed in the court of Judge Dale Hood. No information is available at this time with respect to a trial date. The plaintiffs in this case call for the county trash districting program to be put to a vote of the people.

The other development concerns the class-action suit, which was filed by three county residents in September of 2009. On January 5, St. Louis County Circuit Judge Robert Cohen granted St. Louis County’s motion to dismiss the case without comment. However, the plaintiffs plan to appeal their case to the Missouri Court of Appeals, according to co-plaintiff Cathy Armbruster, who said: “We’re not down. We’re going to move on and take it to the Missouri Court of Appeals. We’re going to keep fighting.” The plaintiffs in this case contend that the county violated a state statute by not providing a two-year notice of the impending trash districting program to other waste haulers and its own charter by not putting it to a public vote. Additionally, they contend that that the law violates the Missouri Merchandising Practices Act and they seek to have the county ordinances establishing the districts to be declared illegal and void.

The original lawsuit, brought by three trash haulers (American Eagle, Meridian, and Waste Management), is now in federal court and is set for trial in January of 2011. This case centers on the two-year notice provision, which the haulers claim that the county violated.

It’s apparent that the controversial issue of “trash” is still unsettled in unincorporated St. Louis County and the court battles continue to inch forward. Who knows when it will end and how much it will cost. But, one thing is most likely certain; the taxpayers will end up bearing the cost in the end.

5 comments:

  1. Anonymous6:42 PM

    Even if any of the lawsuits are successful, what possibly could come out of them? The county will not undo what has been done. Maybe a fine paid by the county, but, hell that is taxpayers money, so the taxpayer looses. Where is the remedy here?

    This is a ridiculous course of action .

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  2. Anonymous5:16 PM

    Does anyone find it interesting that the County filed a motion for a change of the Judge in this case and then the case just happened to be dismissed?
    Why didn't County just leave it in the hands of Judge Clifford?

    Hummmmmmmmmmmmmmmmmmmmm makes one wonder!!!!!!!

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  3. Anonymous7:51 AM

    Simple answer, it is the politics in the judicial system. These trash issues are wasting taxpayers money. Nothing of benefit will come of it, especially to the taxpayer.

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  4. Anonymous9:05 AM

    You have no choice for electric. You have no choice for gas. You have no choice for water, you have no choice for sewer.

    Why should you have a choice for trash/recycle?

    Oh, you don't, the County has taken that from you. You have no choice for trash.

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  5. Anonymous3:57 PM

    The culprit behind this trash nightmare is John Temporiti, top advisor to Charlie Dooley. Mr. Temporiti is now fighting ethics charges with the State of Missouri.

    At the time of these changes, John Temporiti also worked as a consultant for Allied Waste Systems.

    Connect the dots, Allied to Temporiti to Dooley and back again. Imagine that.

    ReplyDelete