News Summary
A group of San Diego homeowners has filed a lawsuit against the city, claiming that a new trash fee is unconstitutional and violates Proposition 218. The fee aims to raise $148 million for waste collection services but is seen by plaintiffs as a financial burden on taxpayers. The homeowners are seeking an injunction to stop the fee’s implementation amid concerns over the city’s financial management. Measure B, which allowed for this fee, was narrowly approved by voters, highlighting divided sentiment among residents regarding the charges.
San Diego – A group of homeowners in San Diego has initiated a lawsuit against the city, claiming that a newly established trash fee is unconstitutional. The announcement of this legal action took place outside the 101 Ash Street building, a site associated with several financial controversies.
The fee in question is part of an effort by the city to raise $148 million for solid waste collection services over the course of the year. The plaintiffs argue that the fee is essentially a financial burden for taxpayers, characterizing it as a “money game” aimed at extracting funds from residents. One of the plaintiffs has asserted that the budget problems faced by the city should not fall on the shoulders of taxpayers. Instead, they call for more responsible financial management from city officials.
The lawsuit emphasizes that the city’s new fee appears to contravene Proposition 218, which safeguards property owners from excessive charges. The plaintiffs claim that the fee exceeds the actual costs associated with the trash collection service, rendering it unconstitutional under this provision.
In 2022, San Diego voters approved Measure B, which permitted the city to impose fees for trash and recycling collection. This measure was a response to a previous situation in which approximately 220,000 households were left without paying for these essential services. Initially, voters may have been misled regarding expected costs, with estimates ranging from $23 to $29 per month. However, when the city council finalized the fee, it was set significantly higher at $43 per month.
The homeowners filing the lawsuit are seeking a preliminary injunction to prevent the implementation of the new trash fees while the legal proceedings unfold. The measure gained only narrow support, with 50.48% of voters approving it, highlighting a divided sentiment among the residents regarding the charges.
Michael Aguirre, the attorney representing the plaintiffs, has expressed a determination to halt the collection of the new fees until the court provides a resolution. Residents involved in the lawsuit are hopeful that they will achieve a positive outcome that could ultimately benefit the broader community.
As of now, the city has chosen not to comment on the ongoing litigation. The legal battle presents a significant test of existing laws related to municipal fees and the rights of taxpayers in San Diego.
San Diego has long faced challenges related to budgetary constraints and public services, making the current lawsuit a pivotal issue for many homeowners. As the court case progresses, it will likely draw further attention to the city’s financial management and the implications for residents who are already grappling with rising costs.
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Additional Resources
- San Diego Union Tribune: Homeowners Among Nation’s Oldest
- Google Search: San Diego homeowners
- NBC San Diego: Homeowners Qualify for Money Against Quakes
- Wikipedia: Property tax in the United States
- CBS 8: Homeowners Suing City Over Trash Fee
- Google News: San Diego trash fee
- 10 News: Homeowners Seek Injunction Against City
- Encyclopedia Britannica: Lawsuit
- Financial Content: Garage Force Highlights Growing Demand
- Google Scholar: San Diego court cases

Author: STAFF HERE SAN DIEGO WRITER
SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.