City of Columbia files response in lawsuit over recycling pickup
COLUMBIA, Mo. (KMIZ)
The City of Columbia on Thursday filed a response to a lawsuit over the city’s recycling program.
In May 2023, the city halted its recycling services indefinitely, citing staffing issues.
The petition-- filed in December by Christine Gardener, who was seeking a class-action lawsuit -- alleges a breach of contract by the city, as well as unjust enrichment. The lawsuit cites the city code: "As part of its basic service to residential customers, as set out in section 22-159, the city will also provide weekly pickup of recyclable material," and states charges for the service are not taxes.
The city denied all allegations in its response. The city argues that solid waste program is not a contract with its residents and that no written agreements between the city and resident satisfy a requirement in state law claiming contracts with municipalities must be in writing.
One of the defenses by the city states that Gardener “failed to exhaust administrative remedies,” because “Section 27-22 of the City Ordinances establish a customer complaint process.”
The city also states in the response that Gardener’s “claims are barred by the voluntary payment doctrine. Ms. Gardner had full knowledge that the City of Columbia suspended its residential recycling curbside pick up when she made payments to the City of Columbia, as the City notified the public that it has suspended residential curbside recycling.”
As part of the lawsuit, Gardener requested that all individuals who had services with the city since May 17 be compensated. Gardener’s attorney told ABC 17 News in December that the lawsuit also requested a judge to order the city to reinstate curbside recycling.
