images or highlighted text
to download .pdf files)
June 20, 2018, the MN Supreme Court recognized that citizens still have
& Joseph founding partner, Greg Joseph, represented residents of Bloomington, MN
to a Minnesota Supreme Court decision (the
that reinforces the right of
residents to determine their own trash haulers over mandated use of a hauler
selected by city officials.
On November 14, 2018, the St. Paul City Council, via Resolution
#18-1922 that disregards binding precedent directly on point, voted 6-1, denying
citizens' right to submit trash Ordinance #18-39 to a ballot vote.
finding our Petition “legally sufficient,” the City claims that the subject
matter is “not appropriate to submit to the electorate.”
We (residents of St. Paul, MN)
strongly disagree, and in order to enforce our right to vote on
St. Paul's new trash plan, our only remedy is to sue the City. We
have retained Greg Joseph, the same attorney who successfully defeated the
pre-emption claim on behalf of residents in Bloomington, MN.
/ Delinquent Trash Bills
2019 -- Just a few examples (there are Many more):
Ave; 80 properties; $9,578.83 Total unpaid
Ave; 56 properties; $6,393.30 Total unpaid
St. Paul Administrative Code
being billed for empty,
unnecessary, unused &/or unaffordable trash carts?
If you did not
pay, the city will pay your hauler and demand payment from you. If
you fail to appeal the city's order, the city will levy hefty fees and assess your property tax,
you will be forever barred from making any future appeals and the
assessment (whether proper or improper) shall be final.
You (we!) can fight back...
Within twenty (20) days after
adoption of the resolution adopting the property services costs,
any person aggrieved may appeal to the district court."
of St. Paul -- Trash Cart Mandate
costs + Other information
many carts are required for my building?
I share a cart with my neighbor(s)?
a "zero waster," can I opt out?
60, St. Paul
to county for collection with taxes.
After adoption by resolution of the property services
costs and assessment rates therefore, the city clerk shall
transmit a certified copy of said resolution to the county
department of property taxation to be extended on the
proper tax list of the county and collected the following
year along with current tax
(20) days after
adoption of the resolution adopting the property services
person aggrieved may appeal to the district court in
the manner set forth in chapter
14 of the City Charter.
14, St. Paul City
14.01. - Power to levy assessments.
||The city shall
have the power to levy assessments to pay all or any part
of the cost of improvements
as are of a local character, but in
no case shall the amounts assessed exceed the benefits to
Charter Sec. 14.01.4. - Appeal.
after the order adopting the assessment, or making a
reassessment, a new assessment or supplemental assessment,
person may appeal to the district court
by filing a notice of appeal with the city clerk stating
the grounds upon which the appeal is taken. Such notice
shall be filed with the clerk of the district court within
ten (10) days after the filing with the city clerk.
defense to an assessment
shall be that the assessment is fraudulent,
or that it is made upon a demonstrable mistake
of fact or law, or that the assessment is in
an amount in
excess of the actual benefits
to the property.
The jurisdiction of the court shall not be affected by an
error, act or omission not affecting the substantial
rights of any person.
who fails to file
the notice of appeal with the city clerk within the time
specified or fails to file the notice of appeal with the
district court within the time specified shall
be forever barred
from proceeding with an appeal and trial in said court, and
the assessment shall be final.
In case of an appeal, the appellant shall be given a copy
of the assessment roll or any part thereof upon payment of
an amount designated by administrative ordinance. This
copy shall be certified to by the proper city officers and
filed by the appellant in the district court.