Legal Opinion
SDDS, Inc. v. South Dakota
Court of Appeals for the Eighth Circuit
Decided February 6, 1995No. 94-1688PublishedCited by 24 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
South Dakota Disposal Systems, Inc., (SDDS) appeals the district court’s grant of summary judgment to the defendants, the State of South Dakota and various state officials (collectively, “South Dakota”), and its denial of SDDS’s cross-motion for summary judgment. At issue in this § 1983 suit is whether the referendum of a measure permitting SDDS to operate a large-scale municipal solid waste disposal (MSWD) facility in South Dakota violates the dormant commerce clause or SDDS’s rights to due process and equal protection. Because we find that the referendum was the latest…
2Cases cited21 opinions
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Hughes v. OklahomaSupreme Court of the United States · 1979
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3Cited by24 opinions
- M. S. v. Kate BrownCourt of Appeals for the Ninth Circuit · 2018
- Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin CountyCourt of Appeals for the Eighth Circuit · 1997
- South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors State of Nebraska Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of the American Farm Bureau Federation Alabama Farm Bureau Federation Arkansas Farm Bureau Federation Kansas Farm Bureau Federation Kentucky Farm Bureau Federation Minnesota Farm Bureau Federation North Dakota Farm Bureau Federation Utah Farm Bureau Federation, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust, Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, IntervenorsCourt of Appeals for the Eighth Circuit · 2003
- U & I Sanitation v. City of ColumbusCourt of Appeals for the Eighth Circuit · 2000
- Ben Oehrleins and Sons and Daughter, Inc. Elk River Landfill, Inc. Gallagher's Service, Inc. Knutson Services, Inc. Randy's Sanitation, Inc. Poor Richard's, Inc. Vasko Rubbish Removal, Inc. Wasteco, Inc. Waste Systems Corp. Walter's Recycling & Refuse Service v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance Ogden Products, Inc., Amici Curiae. Robinson Rubber Products, Co., Inc. Dean M. Akins Patrick Schoenecker Brad Robinson, Individually and on Behalf of All Other Persons Similarly Situated v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance, Ogden Products, Inc., Amici CuriaeCourt of Appeals for the Eighth Circuit · 1997
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