Court Says Voter Approval for Trash Districts Not Required

From The Call Newspapers - EVAN YOUNG
http://www.callnewspapers.com/Articles-i-2010-09-08-247165.112112_Voter_approval_not_needed_for_countys_trash_districts_judge_rules.html

St. Louis County did not have to seek voter approval of its trash district program, a circuit judge ruled last week.

County Circuit Judge Barbara Wallace on Sept. 2 denied a motion for summary judgment by plaintiffs in a lawsuit over whether the county's eight trash districts in unincorporated areas were improperly established because they were not approved by the voters of each district.

South county resident Brett Buchanan, north county resident Greg Porter and trash hauler American Eagle Waste Industries filed the suit in August 2008.

The plaintiffs alleged the county "directly violated the command of its own governing charter by imposing upon its citizens in unincorporated areas a mandatory trash-district program and service charge without an authorizing vote by the citizens in each district, as required by the charter."

They cited a section of the County Charter that states the County Council "shall have, by ordinance, the power to ... provide for the creation of districts in the unincorporated areas of the county within which may be provided ... garbage and refuse collection and disposal, and such kindred facilities as the voters therein by a majority of those voting thereon may approve, the same to be paid for from funds raised by special assessment, general taxation or service charge ..."

But Wallace ruled last week that the ordinance establishing the trash district program "legally effectuates the County Council's authority to provide, license and regulate trash collection services" as outlined in other sections of the County Charter.

For more information on this controversial law, visit: http://www.callnewspapers.com/Articles-i-2010-09-08-247165.112112_Voter_approval_not_needed_for_countys_trash_districts_judge_rules.html

While St. Louis County may not have to seek voter approval, they have acted indiscriminately in selecting different haulers who charge different rates for county citizens.  In fact, there are tens of thousands of families in St. Louis County who do not even use the county's designated trash haulers at all.

There is nothing stated in the regulation that allows the county to exclude certain residents. Regulations usually apply to all citizens . . . but not in this case.

A comment from a County resident . . .

Just another stake in the heart on this issue. St. Louis County has made mistake after mistake after mistake on this issue.

This has cost taxpayers Millions of dollars and will continue to.  25% of the county don't participate, how discrimintory is that.

Just more Dooley Dazzle that has failed.