Just incase anyone was interested or needed reference. I have the 33 Skinny Indigo. When I bought it 11/08, the waist measured ~16in across. As of now, it it measures about 16.5in across. So it stretch to it's tagged size. I kinda wished I ordered 34s though.
He's not scamming, he's overcharging somewhat but it's really his discretion to set a price and it's up to potential buyers to pay that price or not. Personally I probably wouldn't pay that much for these when you can get them on sale at times at UO sale racks, but that's far from a guarantee. The black denim is $40 and I'm considering getting that, but honestly black jeans and indigo jeans aren't the same. Yes, it's only a color but black jeans don't always work with as many things as indigo jeans work with. Seems like people in that thread were going crazy over the fact that it's only a color but honestly the color does make a big difference. But like I said, personally I'd probably get some black jeans for $40 since I need some black jeans.