HARRISBURG – The owner of apartment units in Harrisburg alleges the city assessed unreasonable rates for trash collection.
Tryko Holdings LLC, on behalf of itself and all others similarly situated, filed a complaint on May 28 in the U.S. District Court for the Middle District of Pennsylvania against the city of Harrisburg & Mayor Eric Papenfuse alleging violation of the Commerce Clause and the Equal Protection Clause of the U.S. Constitution.
According to the complaint, the plaintiff owns and operates multifamily apartment units in Harrisburg. It alleges the city's code regarding municipal waste "unfairly and arbitrarily treats multifamily residential entities differently than other commercial entities producing the same amounts of trash utilizing the same disposal containers." It also alleges the city assessed and levied unreasonable rates for trash collection and disposal fees.
The plaintiff alleges it previously contracted with a private trash hauler to collect trash containers twice a week for $2,200 per month but the cost rose to $8,709.30 monthly when the city refused to permit entities like the plaintiff to use private haulers in 2015.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Patrick Howard and Charles J. Kocher of Saltz, Mongeluzzi, Barrett & Bendesky PC in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case number 1:19-CV-00906