City of Reading v. Iezzi
2013 Pa. Commw. LEXIS 434
Pa. Commw. Ct.2013Background
- City of Reading imposed recycling and trash fees under Act 101 and its charter-based ordinance on Iezzi's property.
- December 2010: City filed a tax claim for delinquent recycling/trash fees; June 2011: writ of scire facias issued against property.
- Iezzi defense: used private hauler 1999–2005 and formed own roll-off service in 2007; claimed no recycling fees owed; DEP approved his private operation.
- Trial court bench trial: City conceded trash fees but pursued delinquent recycling fees plus interest/costs; judgment entered for $1,878.34 against Iezzi.
- Prothonotary entered notice of entry of judgment; Iezzi appealed without filing post-trial motions.
- Appellate court reversed on merits, holding City lacked statutory authority to impose recycling fees and addressing post-trial motion timing and preemption
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-trial motions were required or preserved | Iezzi failed to file post-trial motions, but statutory appeals permit merits review | Berks rule 227.1 requires post-trial relief; local rule governs; failure to file waives issues | Post-trial motions were not required; appeal proper; court may review on merits |
| Whether City had authority to assess recycling fees | City relies on SWMA/Act 101 and Third Class City Code to fund recycling; fees authorized | SWMA/Act 101 do not authorize recycling fees; preempt municipalities; funding through state scheme | City lacked statutory authority; recycling fees improper; judgment reversed |
Key Cases Cited
- In re Appeal of Borough of Churchill, 525 Pa. 80, 575 A.2d 550 (Pa. 1990) (post-trial practice permitted absent local rule prohibitions; merits preferred)
- In re PP&L, Inc., 838 A.2d 1 (Pa.Cmwlth.2003) (merits preferred in statutory appeals; post-trial relevance)
- In re Upset Price Tax Sale for Springfield Twp., 700 A.2d 607 (Pa.Cmwlth.1997) (limits on post-trial practice in statutory appeals)
- In re Appeal of Sheetz, Inc., 651 A.2d 563 (Pa.Cmwlth., rev'd per curiam, 539 Pa. 107, 650 A.2d 443) (post-trial practice considerations in statutory appeals)
- Shapiro v. Center Twp., 159 Pa.Cmwlth. 82, 632 A.2d 994 (Pa.Cmwlth. 1993) (post-trial motions and statutory appeals discussed)
- Eachus v. Chester Cnty. Tax Claim Bureau, 148 Pa.Cmwlth. 625, 612 A.2d 586 (Pa.Cmwlth. 1992) (local rules and merits review in statutory appeals)
- Northumberland County v. Pennsylvania Independent Waste Haulers Ass'n, 885 A.2d 1106 (Pa.Cmwlth.2005) (Act 101 preempts municipal recycling fees; comprehensive state plan)
- Lower Merion Township v. Pennsylvania Independent Waste Haulers Ass'n, 872 A.2d 224 (Pa.Cmwlth.2005) (First Class Township Code authority for fees; distinguishable from home rule)