Scranton aims to trash class-action lawsuit that challenges garbage fee
Feb. 27—Scranton hopes to trash a class-action lawsuit challenging the city's annual $300 garbage fee.
Lackawanna County Judge James Gibbons heard arguments Friday on a city motion to decertify the class of co-plaintiffs in the lawsuit filed in December 2016. A key step in the case occurred in January 2018, when Gibbons certified the suit as a class action. That move opened the door to a prospective class of about 18,000 property owners potentially joining the suit as co-plaintiffs.
In 2019, notices were mailed to the 18,000 owners, asking if they wanted to join the class-action suit. About 6,000 joined.
A decertification of the class similarly would be a key reversal rendering the class moot.
If that were to occur, individual owners still could file their own lawsuits, but that's unlikely, city solicitor Joseph O'Brien said in a phone interview after Friday's hearing.
That's because what's at stake would be partial refunds of about five years' or so worth of trash fees that may amount to a few hundred dollars per owner, which probably would not be worth the time or expense of pursuing an individual lawsuit, O'Brien said.
Plaintiffs' attorney Patrick Howard disagreed. Even if the class is decertified, the issue of whether the city violated its trash ordinance would remain. A decision in favor of the lead plaintiff resulting in a refund would apply to others, who could then seek their own refund from City Hall, Howard said in a phone interview after the hearing.
The lawsuit came in response to a prior mayor and council raising the trash fee from $178 to $300 for the 2014 budget year. Mayors and councils have since maintained the $300 fee.
The lead plaintiff, Scranton resident Adam Guiffrida, who owns several rental properties in the city, claims in the lawsuit that the trash fee was arbitrarily set and improperly generates cash for city coffers above costs of providing the service.
The city disagrees, contending the fee does not cover the costs involved, including salaries, benefits, landfill tipping fees and other expenses.
Central questions include whether the $300 fee significantly exceeds the city's garbage collection costs and, if so, by how much; and whether plaintiffs should receive partial refunds and, if so, how much; and the time frame of years for possible refunds.
Class-action plaintiffs would not receive refunds if they lose the case.
In arguing for decertification of the class, attorney Jordann Conaboy, representing the city, contends Guiffrida has backed off core allegations that fees are excessive and disproportionate, let alone grossly disproportionate, to the costs of garbage collection. Instead, Guiffrida switched gears, claiming the city put fees into a wrong account and failed to properly account for them.
"Mr. Guiffrida is no longer pursuing the case that this court certified," Conaboy told the judge.
Howard disagreed, saying the issues are determining whether the city violated its trash-fee ordinance and, if so, determining the refund.
"That's why the court needs to order a third party going in and doing an accounting," Howard told the judge.
Conaboy also argued that Guiffrida, who owes $65,000 in trash fees over several years through his various entities, also cannot claim to have overpaid or lead a class that overpaid. In prior proceedings, Guiffrida testified that if he were to lose the lawsuit, he would pay the outstanding amounts owed, Conaboy said.
Gibbons did not immediately rule on the motion.
Contact the writer:
570-348-9100 x5185;
@jlockwoodTT on Twitter.
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Scranton
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Trash Fee
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Adam Guiffrida
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Patrick Howard
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Jordann Conaboy
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Joseph O'brien
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Class-action Lawsuit
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Garbage Pickup
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Garbage Collection
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Lawsuit
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Lackawanna County Judge James Gibbons
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