Court rules in favor of Jefferson City over trash service dispute

POSTED: 05:17 PM CDT Jun 12, 2013    UPDATED: 05:28 PM CDT Jun 12, 2013 
Jefferson City trash cans
JEFFERSON CITY, Mo. -

Jefferson City has won a four-year-old lawsuit stemming from when the city made trash service mandatory.

After the trash service was implemented, residents voted to keep it in 2011, but George Mascengale continued to sue the city in an attempt to overturn the mandatory service.

On Tuesday, an appellate court handed down a verdict that stated the city is within its rights.

City officials say they are pleased by the ruling.

"I think we're happy, feeling vindicated," said Jefferson City attorney Drew Hilpert. "I think the appellate court basically said the way we created the ordinance, that the business is lawful and constitutional. I think we're very happy with that result."

The city made an agreement with Allied Waste requiring all residents to buy trash service so the city could get a discounted rate. Residents who did not have trash service before were upset and the city responded by saying rates with Allied Waste would be unreasonable if everyone did not buy the service.

Mascengale argued in court he was being taxed, but the court did not agree. The court ruled the city was not taxing residents, instead they were making them pay for a service.