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Legal challenge against San Diego's trash fees heads back to court

Battle over San Diego trash fees heads back to court Friday
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SAN DIEGO (KGTV) -- San Diegans have been resisting trash service fees ever since they were first announced, so it’s not surprising that even after a judge shot down a request to block the new charge earlier in October, the fight isn't over yet.

It was dozens of San Diego homeowners that sued the city for its new trash fee of $43 per month.

There were plenty of grievances in this lawsuit: One of them being in 2022, when residents were told trash fees would only cost in the $20 range when they voted to pass Measure B.

Just weeks ago, a judge denied the last-minute request to pause the fees from being collected.

However, this case hasn’t lost all its ammunition.

Homeowners were upset that they had to pick what size and fee for the bins they wanted, as many didn’t realize that their choice would default to the biggest and most expensive option.

The judge believes there could be merit to those arguments and grounds for a trial.

“The fact that the judge sees that a trial is requested and desirable, it gives us a lot of hope,” said Patty Ducey-Brooks, a plaintiff in the case.

“Just having a trial is a victory regardless of the outcome of the trial. I'd say having a trial is a victory for the taxpayers of San Diego,” said Paul Krueger, another plaintiff in the case.

And that brings us to Friday, where there will be a case management conference with the judge, attorneys, and potentially even some of the homeowners to see how this case will move forward.

The city cannot comment on this lawsuit.

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