The legal fight over trash fees moved to a San Diego courtroom on Tuesday. On Monday, city council members considered and rejected a settlement agreement that had been offered by the plaintiffs. So, on Tuesday, a small group of residents filed into the courtroom, after several of filed the la wsuit on behalf of all San Diego homeowners who believe the city’s recent hike in trash collection fees is excessive and unconstitutional. “The city actually has the burden of proof to prove that it is compliant with the Constitution,” said Maria Severson, one of the attorneys representing the plaintiffs’ case against the city.” “To do that, it has to show that the costs that it is charging people are the actual costs and that they are only for the use of providing the service, not a penny more,” Severson added before the trial got underway. In 2022, voters passed a measure that allowed the city of San Diego to charge $23-$29 per month for trash collection.  Two years later, that price nearly doubled to $43.60 per month. Now, some residents are calling it unfair and illegal. “They clearly did not match the actual historical cost of providing trash collection services,” said Mary Brown, who is a plaintiff in the lawsuit against the city.  Brown told NBC7 that she believes her case has a good chance of winning.   If that happens, the city of San Diego could wind up having to throw out the new trash collection rate structure and start from scratch.  “The city has a tremendous amount of risk,” said Severson. “If it’s this worried about its budget, it should really take a look at how to maintain a more reasonable and more accurate cost that it imposes on the residents.” Also on Tuesday, attorneys representing the city of San Diego argued successfully that neither Mayor Todd Gloria nor city councilmembers should have to testify. They also opted to delay their opening arguments until later in the trial, which is expected to last up to a week. ...read more read less