Mercer also claimed that L&L failed to prove a demonstrable need the last time around.

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“It’s Yogi Berra,” he said. “It’s already seen. Nothing has changed. We were here before the commission in 2018 and we were here on an identical request. And this was ultimately refused by the commission because there was no demonstration of public need. “

Republic Services offered recycling services to Missoula at a reasonable rate, Mercer said.

“And you’ll hear proof of how L&L performed in that same function in County Gallatin,” Mercer said. “And we think that’s a substantial, albeit unregulated, reason to ensure that this market is not disrupted. “

Mercer noted that the government of Missoula provides many services and “does not hesitate to offer services where it sees the need.” He pointed out that the city chose to take over the water system but made no effort to take over the municipal garbage removal service.

“And that clearly reflects the community’s satisfaction with Republic,” he said.

Two witnesses called by lawyers for L&L Site Services said they were not satisfied with the service or prices provided by Republic Services.

Carl Brien showed two bills for his residential service. The first invoice for October 2019 showed a 95 gallon garbage container service costing $ 96.59 per quarter. A second invoice from January 2021 showed the cost had risen to $ 108.52. However, since Republic Services’ “fuel salvage costs” had gone down by that time, Brien’s total bill was actually six dollars less in 2021.


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