The lawsuit alleged that the City Fee, which the Owners characterized as a “kickback,” is an impermissible tax by the city on customers who must accept trash-removal services from WM under the city-created monopoly and must pay an excessive and unconstitutional 25% tax on the mandated services. The Owners asserted that they paid the illegal fee under duress.
HOUSTON - Today, the First Court of Appeals affirmed a ruling denying the city of Pasadena’s plea to the jurisdiction in litigation brought by two apartment complex owners seeking the return of money paid to the city through utility and trash-collection billing.