Labatte v. Town of Culbertson

Lynn Labatte and Lynda Labatte, d/b/a L & L Sanitation (L & L), sought a declaratory judgment in the Fifteenth Judicial District Court, Roosevelt County, concerning the Town of Culbertson’s ordinances on garbage collection and disposal. The District Court granted summary judgment to the Town of Culbertson (Town). L & L appeals and we reverse.

The dispositive issue on appeal is whether the District Court erred in concluding that the Town’s garbage ordinances provide a mandatory garbage fee which does not abate when the Town’s contracted garbage service is not used.

Background

Lynn Labatte and…