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Posted September 26, 2012 | comments 2 Comments

Judge orders 'Taxpayer Henry' to pay his bills

Resident has argued that he received no trash, recycling service from town

By Joe Beck -- jbeck@nvdaily.com

A Strasburg resident's resistance to the town's authority to collect unpaid garbage and recycling bills has been overridden by an order from Circuit Judge Dennis L. Hupp.

Hupp issued a summary judgment order on Aug. 31, effectively requiring Dwight Henry of 194 Abby Lane to pay $798 plus interest and $61 in court costs. Henry has continued to fight on by filing a motion for reconsideration that would revive the case if Hupp grants it. He has made no ruling yet.

Henry had sought to bring the case to a jury trial scheduled to begin Thursday. But the trial was short-circuited by Hupp's ruling that granted the town's motion to find in its favor and ordered Henry to pay up.

Hupp's decision, if it stands, also means Henry will lose a $900 civil bond he posted in appealing an initial ruling in favor of the town. The initial ruling came in Shenandoah County General District Court and was followed by the filing of Henry's appeal in Circuit Court.

In his motion for reconsideration, Henry insisted "there is a clear dispute of facts and evidence based on defendant's denial that he owed any money."

Henry said the town had failed to properly notify him through a warrant debt as to what dates "and or time period of which garbage and recycling bills were allegedly past due."

In earlier court documents filled with profanities and misspellings, Henry has asserted that the town shut off his water without due process and demanded $1,000 for each day he was without water.

Henry has argued that he received no trash or recycling service from the town's two contracting companies.

At one point in the case, Henry requested that General District Court Judge W. Dale Houff transfer the case to a "Town of Strasburg Trial Court" presided over by a "police judge." Houff said there is no such court to which he could remand the case.

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