New Rochelle's Refuse Fee Lawsuit Can Continue

A lawsuit challenging New Rochelle's increased residential garbage fee can proceed, according to a state Supreme Court decision.

New Rochelle resident Stephen Mayo filed an Article 78 lawsuit shortly after the City Council approved the 2012 budget in which it increased the refuse fee from $66 to $223.

An Article 78 lawsuit is used to challenge administrative agencies, public bodies or officials.

The decision, handed down Wednesday by Acting Supreme Court Justice James W. Hubert, denied the city's motion to dismiss the lawsuit. The justification for the dismissal given by the city was because Mayo "admits the respondents have authority to impose a refuse fee" and because "a legislative act may not be challenged by an Article 78 proceeding."

The court did not agree, said the motion was denied and gave the city three weeks to answer the complaint.

When asked for comment, the city's Corporation Counsel Kathleen Gill provided the following:

"We learned from our attorney that the judge has denied our motion to dismiss on procedural issues, but there has been no decision on the merits of the case."

Mayo said he didn't relish bringing a lawsuit against the city.

"To me, this is really unreasonable," he said. "Everyone knows the city has the right to impose a fee, but is this really a fee or is it a disguised tax?"

Mayo, who ran an unsuccessful campaign for Council District 6, said if it's a real fee, then people should be able to opt out.

"All we are asking is for government to be transparent," he said. "This will be an interesting argument."