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Taxation: Trash Districts – Voter Approval – Standing

(1)Where a county passed an ordinance establishing trash collection areas in unincorporated parts of the county and divided the county into geographic regions, no voter approval was required because the county doesn’t collect taxes for the region but instead the citizens have independent contracts with trash collectors who are paid directly.

(2) Even though the county did not mail a two years’ notice by certified mail to previous trash haulers pursuant to section 260.247 RSMo before replacing them, taxpayers lacked standing to challenge the county’s failure to comply with the notice statute because they were not directly and adversely effected since they are not directly involved in the business of trash collection.

Judgment is affirmed.

Weber, et al. v. St. Louis County, et al. (MLW No. 62474/Case No. SC91454 – 12 pages) (Missouri Supreme Court, Price Jr., J.) (Wolff, J., dissenting) Appealed from circuit court, St. Louis County, Cohen, J. (E. Robert Schultz III and Ronald J. Eisenberg, Chesterfield, for appellants) (Patricia Redington, Clayton, for responded St. Louis County; Edward Dowd Jr., Robert f. Epperson and James E. Crowe III, Clayton, for respondent IESI MO; Brian E. McGovern, James A. Hajek, Chesterfield, for respondent Veolia; Scott J. Dickenson, John D. Ryan and Clayton E. Gillette, St. Louis, for respondent Allied Services).

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