Ecological Systems v. the City of Dayton, Unpublished Decision (2-1-2002)

OPINION

Ecological Systems, Inc. is appealing the judgment of the Montgomery County Court of Common Pleas, finding that Ecological Systems, Inc.'s wastewater is hauled waste and that the Dayton municipal ordinance prohibiting waste from outside the city does not violate the Ohio Constitution. The City of Dayton is cross-appealing the judgment finding that the Dayton municipal ordinance violates the Commerce Clause of the U.S. Constitution.

The City of Dayton maintains a publicly owned treatment works (hereinafter "POTW") for the processing of solid and liquid wastes within the Dayton service…