ELR Citation: ELR 20523
No(s). 91-619 (Vt. Jul 31, 1992)

The court holds that a waste management district is authorized under its charter to charge a fee for the disposal of solid waste at landfills in the district. The court finds that the state legislature expressly granted the district the authority to charge a fee in order to guarantee the payment of the real cost of the management of solid waste by those who generate the waste. The court holds that the charge is permissible either as a tipping fee or as a tax. The court refuses to consider whether the fee charged is excessive, because the issue was raised for the first time on appeal.

Counsel for Plaintiff/Appellant
Steven F. Stitzel
Stitzel & Page
171 Battery St., Burlington VT 05401
(802) 660-2555

Counsel for Defendant/Appellee
J. Paul Giuliani
McKee, Giuliani & Cleveland
94 Main St., P.O. Box F, Montpelier VT 05601
(802) 223-3479

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE, and JOHNSON, JJ.