News broke via the Republican late today that Judge Constance Sweeney ruled the Springfield trash fee ($90 annual per bin) "improperly imposed." According to the ruling, the Finance Control Board must now send letters to residents, saying "not to make payment of the trash fee to the City unless the court otherwise orders in the future."
A November 15 hearing on the matter was covered by a piece by Anne Ebeling on CBS3, as well as an article by G. Michael Dobbs in the Reminder. Attorneys for the plaintiffs (Thomas Holloway and Brandon Moss of Gibson & Behman of Burlington) asked Judge Sweeney, quoting from Dobbs, "to issue a temporary restraining order and a preliminary injunction on the city to prevent it from collecting the trash fee until its legality has been determined." At the time, it was anyone’s guess what would result. More from that article:
Moss explained that a tax raises money for a governmental entity, while a fee pays directly for a service. Because the money raised through the trash fee is going into the general revenue account of the city and because the trash service is already underwritten by the city, the trash fee is a tax, Moss said.
Moss said the effort to stop the trash fee now would save the city money in the creation and postage of the bills. One advantage of having a restraining order in place would be the prevention of collection of fees that would have to be refunded if the courts decide the fee is illegal.
"It would be a logistical nightmare for the city to refund the money," Moss said.
So I’ve done the city a favor by not paying my trash fee bill yet? The deadline is (or was) December 1. The fee hasn’t been ruled illegal, and the door remains open for it to go either way. Judge Sweeney is perhaps buying some time. Have you paid your bill yet?
