Gertsma v. City of Berea

Patton, Judge.

Plaintiffs Laurence and Mildred Gertsma, landlords of two separate eight-unit apartment buildings in Berea, brought this declaratory judgment action against the city of Berea, challenging the constitutionality of Berea Codified Ordinance No. 90-117. That ordinance requires owners of commercial buildings and apartment buildings with more than four units to arrange for and pay for private trash collection. Plaintiffs claimed that the ordinance violated their rights to equal protection under the law; the city claimed that the ordinance was a legitimate cost-cutting effort. Both…