Affiliated with:

Contact Us: 

(voicemail or text)

Facebook: St Paul Trash Lawsuit
Sign Up: Email newsletters 


Home Page
Affiliated Website
LAWSUIT-1:  Unlawful Denial of
Referendum on ORD 18-39.
Documents to Download
Various Information
What are some of the problems that have been identified?
FAQ Page 
Trash Cart Mandate
How many carts?
At what cost?
Can I share or opt out?
Community News
Trash-related resources.  Community input & feedback.  Miscellaneous links. 
Real-Life Examples
Financial & Space Implications
Send Comments
to City Council.  Links to the most-recent version of Ordinance language.



(Click images or highlighted text to download .pdf files)

     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.

Lawsuit Filed in District Court:
February 07, 2019
Case No. 62-CV-19-857
110-Pgs / 22MB (large file)

Petition for Correction of Ballot Error
 and for Declaratory Judgment


Attorney's letter to
the City of St. Paul:

January 09, 2019

Unlawful Denial of Referendum
on Ordinance 18-39

City Council
Resolution 18-1922:
November 14, 2018

Petition is Legally Sufficient
but Subject Matter is Not Appropriate
to Submit to the Electorate

MN Supreme Court precedent:
   June 20, 2018

Jennissen vs. City of Bloomington


Unpaid / Delinquent Trash Bills

February 2019 -- Just a few examples (there are Many more):

  • Sherburne Ave;  80 properties;  $9,578.83 Total unpaid

  • Hague Ave;  56 properties;  $6,393.30 Total unpaid

On 08/08/2018


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."

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.  
  (3A 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.  
Cost Analysis by John Genereux - August 2018

St. Paul

"Free Market"


"Organized" Prices

St. Paul

"Organized" Prices