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DOCUMENTS to DOWNLOAD
(Click images or highlighted text to download .pdf files)
saintpaultrash.com/downloads.htm
On June 20, 2018, the MN Supreme Court recognized that citizens still have rights. Halper & Joseph founding partner, Greg Joseph, represented residents of Bloomington, MN to a Minnesota Supreme Court decision (the Jennissen case) 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. Despite 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.
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Lawsuit
Filed in District Court:
Petition
for Correction of Ballot Error |
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Attorney's
letter to
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City
Council
Petition is Legally Sufficient |
MN
Supreme Court precedent:
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Unpaid / Delinquent Trash Bills February 2019 -- Just a few examples (there are Many more):
saintpaultrash.com/downloads.htm |
On 08/08/2018
ORDINANCE
18-38
amended
Chapter
60
St. Paul Administrative Code
Are you 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...
APPEAL: " Within twenty (20) days after adoption of the resolution adopting the property services costs, any person aggrieved may appeal to the district court."
saintpaultrash.com/downloads.htm
City of St. Paul -- Trash Cart Mandate
Annual costs + Other information
How many carts are required for my building?
Can I share a cart with my neighbor(s)?
As a "zero waster," can I opt out?
| Chapter 60, St. Paul Administrative Code | ||
| 60.03 f. Certification 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 | ||
| 60.03 g. Appeal. Within twenty (20) days after adoption of the resolution adopting the property services costs, any person aggrieved may appeal to the district court in the manner set forth in chapter 14 of the City Charter. | ||
| Chapter 14, St. Paul City Charter | ||
| Sec. 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 the property. | ||
| City Charter Sec. 14.01.4. - Appeal. | ||
| (1) Within twenty (20) days after the order adopting the assessment, or making a reassessment, a new assessment or supplemental assessment, any 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. | ||
| (2) The only 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. | ||
| (3) A 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. | ||
| (4) 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. | ||
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Cost
Analysis by John Genereux
- August 2018
saintpaultrash.com/downloads.htm |
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St. Paul "Free Market"
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Maplewood "Organized" Prices
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St. Paul "Organized" Prices
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