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The petition was circulated in July by


Montebello trash issue independent trash haulers who will lose their
will continue in Court of commercial garbage contracts in Montebello as a
result of the Athens contract.
Appeal
Petitioners acknowledged using a draft version
of the contract because the "city dragged its feet
By Amanda Baumfeld, Staff Writer in producing the final version," according to court
documents.
Posted: 03/23/2009 07:45:46 PM PDT
MONTEBELLO - Attorneys representing
"A two-page transcript of the relevant portions
independent trash haulers want another court to
of the City Council meeting was attached to the
examine whether or not voters can decide who
very front of the draft version," said attorney
picks up their trash.
Bradley Hertz of Reed & Davidson, LLP,
representing the trash haulers.
The attorneys filed their appeal after a Superior
Court judge dismissed a lawsuit that sought to
A call to attorney Paul Gough of Bell, McAndrews
invalidate an exclusive contract between Athens
& Hiltachk,LLP, who represents Athens, was not
Services and the city of Montebello for trash-
immediately returned Monday.
hauling services.
Mike Lewis, Athens' spokesman, said because a
Los Angeles County Superior Court Judge David
ruling has been issued, the company is ready to
Yaffe rejected the case on March 12 because he
move forward on word from the City Clerk. Once
said documents circulated by petitioners seeking
that happens, the contract goes into effect,
a citywide referendum were flawed.
Lewis said.
The March ruling comes after Yaffe rejected the
The 15-year contract with Athens, worth about
referendum in January after not being able to
$7.8 million annually, was approved on a 3-2
find the date when the Montebello City Clerk
vote by Councilmembers Kathy Salazar, Robert
signed the trash contract.
Urteaga and Rosie Vasquez on July 23, 2008.
"The court decided this case on the basis that
Reed & Davidson, LLP, filed an appeal on March
moving parties obtained the signatures of voters
13.
on the referendum petition by circulating a draft .
.. that was not the final version of that
"We basically appealed the January and March
agreement," Yaffe wrote.
ruling and any and all rulings," Hertz said.

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"We disagree with the Trial Court and we will


ask the Court of Appeal to overturn (the
decision)."

In October, Irene Villapania of Montebello, with


the support of Athens, filed a lawsuit against the
city. The suit challenged the validity of the
referendum and questioned how signatures were
collected.

amanda.baumfeld@sgvn.com

(626) 962-8811, Ext. 2108

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