Judge: Trash fee withstands challenge due to ‘pay first, litigate later’ rule

A judge on Friday rejected a request from a group of local homeowners to block the city of San Diego from collecting monthly trash collection fees.

The residents had alleged the fee is unlawful because it exceeds the cost of providing trash services.

The homeowners sued the city earlier this year as officials moved to implement trash fees following the 2022 passage of Measure B.

The plaintiffs allege the fees violate Proposition 218, a California ballot measure that states utility fees cannot exceed the costs of providing those services.

Superior Court Judge James Mangione confirmed a tentative ruling he issued Thursday, in which he wrote that a rule in California law known as “pay first, litigate later” prevents courts from interfering with tax collection until the tax has been deemed