Orange wants injunction to stop company from picking up the city's trash

David Yates Jul. 23, 2009, 3:00am

The city of Orange is seeking an injunction to stop a company from picking up the city's garbage.

A suit was filed by the city against Jerry Simmons, owner of SnS Container, for refusing to enter into a franchise agreement with the city in accordance with a recent trash ordinance.

In papers filed July 20 in Orange County District Court, the city is asking for a temporary and permanent injunction against the company that has been collecting trash throughout Orange for years.

Court documents show that on Sept. 23, 2008, Orange City Council passed Ordinance 2008-07, which pertained to all garbage and trash collection services operating within the city.

SnS Container was notified on Nov. 24, 2008, that in accordance with the ordinance passed it was required to enter into a franchise agreement with the city, court papers say.

"Defendant refused to enter into a franchise agreement with the city," the suit states. "Defendant has continually and blatantly violated the (ordinance) by using the streets, alleys, or public thoroughfares of the city for the purpose of ... collecting ... and hauling trash."

The city contends it will suffer "irreparable harm" if Simmons keeps picking up trash and is seeking a permanent injunction against the defendant.

A hearing for a temporary injunction has been slated for Aug. 3.

As of July 22, Simmons has not yet responded to the city's suit.

Judge Buddy Hahn, 260th Judicial District, has been assigned to the case.

The city is represented by attorney Andrew Culpepper of the Bush Lewis law firm.

Case No. D090405-c

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