SAN DIEGO (FOX 5/KUSI) -- A San Diego judge on Thursday denied a request to temporarily block the city from collecting new trash fees that thousands of residents will soon begin paying.

Former City Attorney Mike Aguirre, representing more than a dozen taxpayers, had asked the court to issue a preliminary injunction in a lawsuit challenging the fees. The new charge — roughly $43 a month — will be billed through property taxes by the county assessor and is set to affect about 225,000 city households.

Aguirre argued the fee violates the state constitution, calling it a “fraud on the people of San Diego.” He claimed city leaders are improperly using the revenue to help offset a budget deficit after a proposed sales tax increase failed.

“They’re getting the money to build up a surplus so the

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