Perry v. City of San DiegoAnnotate this Case
Homeowners sought free refuse collection from the City of San Diego for their 12 condominiums located in a gated complex in the Hillcrest neighborhood of San Diego. The City refused the request to initiate service on the grounds the complex did not qualify under its Waste Management Regulation (WMR). In response to the denial of service, the Homeowners brought suit against the City asserting the WMR was issued in violation of the San Diego Municipal Code, and claiming that the City’s use of the WMR to deny them service violated their equal protection rights. After discovery, the City brought a successful motion for summary judgment. Thereafter, the trial court entered judgment in the City’s favor. The Homeowners appealed, contending the court erred by finding the WMR was validly promulgated and that there were no triable issues of fact with respect to their equal protection claims. Finding no reversible error, the Court of Appeal affirmed the trial court’s judgment.