Madison County Circuit Judge Andreas Matoesian has dismissed as moot a lawsuit against the City of Alton over its erroneous billing of a trash collection fee.

"The Court finds a full refund of the disputed fee was paid prior to the filing of Plaintiff's complaint," Matoesian wrote Sept. 5 in an order dismissing a suit brought last December by Christopher Durr.

Durr claimed the city illegally charged a refuse fee for trash collection, as businesses being assessed the fee were required to arrange and pay for their own garbage pick-up. The refuse fee was tacked on to water bills issued by Illinois American Water – a company the city hires to handle billing for water and trash services.

He had proposed to represent a class of businesses who also were billed erroneously from Jan. 1, 2007 through Dec. 31, 2012.

In defending the suit, the City, represented by James Schrempf of Alton, argued that Durr had been reimbursed $923.73 in February 2013, about three weeks after he first complained about the charges.

Durr sued about 10 months after he cashed the reimbursement check. He was represented by G. Edward Moorman of Alton,

In arguing against the City’s motion to dismiss, Moorman had stated that Durr did not deny receiving a check from the city, “but there is no evidence of the existence of any written release or satisfaction, nor does defendant cite facts beyond the issuance of the check to show that it was or was intended to be a release of satisfaction."

Madison County Circuit Court case number: 13-L-2017.

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