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It is unclear to Defendant/Appellant Leyzorek whether the arguments in Plaintiff's/Appellee's Response on Pages 15 and following are intended to relate solely to Bernier's and Elza's appeals. Without any intent to represent anyone else, and considering that the cases are consolidated by this Court, Leyzorek will comment on some of the points raised on pages 15 and following.
On Page 18, accordance of PCSWA's MGDR's with the law is falsely asserted. See my Motions #10, # 38 for full explanation.
On Page 20, PCSWA properly quotes WV Code 22c-4-10, including the language, “..any other lawful manner”. The Code is empty of any grant of power to SWA's to define or delimit lawful manners of garbage disposal. Therefore PCSWA's refusal to recognize recycling, free day use, payment of tipping fee at permitted landfill in Pocahontas County or in any other location as legitimate or sufficient means of garbage disposal is extra vires, represents abrogation of rights belonging to all WV citizens, discrimination, and violation of equal protection under the 14th Amendment to the US
Wherefore, Defendant/Appellant pro se John Leyzorek respectfully prays that this Honorable Court will vitiate and reverse the Summary Judgement, finding that he owes the PCSWA nothing; Order that the Pocahontas County Solid Waste Authority establish a new set of Mandatory Garbage Disposal Regulations and system for defraying its cost of operations which will not abrogate the rights of Pocahontas County citizens and which will conform with and subserve the mandates of West Virginia Law, specifically the Waste Hierarchy; and if necessary find that the Circuit Court Order as entered on 18 November 2013 wrongfully and erroneously deviates from the Order as given in open Court on 27 March 2013 in the matter of the charging of pre-judgement interest, which that Court correctly found on 27 March could NOT be added to the total sum alleged to be owed.