I broke the story last night on Eye On Toledo and you can listen the podcast here (at the 6:45 p.m. mark).
As Karen explains, she believe the garbage fee is actually a tax - and an unvoted one at that. She's asking for both a temporary and permanent injunction, return of all monies collected and attorneys fees.
Of course, in today's paper, City of Toledo Law Director John Madigan calls this a political ploy.
"Initial review of the complaint leads to the conclusion that it is politically motivated and utterly devoid of merit," he said in the e-mail.
"The city will take appropriate action in response to this suit and is confident that it will prevail in any court proceedings."
I've talked to Karen about her position on this numerous times and consider myself to be a pretty shrewd judge of political actions. I don't think this is even remotely politically motivated. Karen believes this is wrong and that it was implemented illegally. She's worked extensively on this for several months, doing research on her own and then talking with numerous professionals about the issue and her questions. Karen raised questions that no one from the city answered - and now they'll have to ... in court.
Further, even Councilman Joe McNamara raised the issue of the legality of the 'fee.'
"Mr. McNamara said he has been fearful that a taxpayer would file a lawsuit, claiming the refuse fee was enacted illegally."
I'll keep you posted on the details of the court case as they evolve.
