Legal Opinion
Waste Mgmt. of Alameda Cty., Inc. v. Biagini Waste Reduction Sys., Inc.
California Court of Appeal
Decided April 21, 1998No. A077664PublishedCited by 5 opinions
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SWAGER, J.
We conclude in this appeal that the trial court did not err by issuing a preliminary injunction in favor of respondent based upon the terms of a constitutionally valid exclusive franchise waste collection ordinance, and affirm the judgment.
Statement of Facts and Procedural History
Pursuant to statutory authority granted by the California Integrated Waste Management Act of 1989, the City of Oakland enacted an “Ordinance Amending in its Entirety Chapter 6, Article 4, of the Oakland Municipal Code, for Recycling and Solid Waste Disposal” (hereafter ordinance) in July of 1995 to…
2Cases cited27 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
- Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Edgar v. Mite Corp.Supreme Court of the United States · 1982
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3Cited by5 opinions
- Douglas Disposal, Inc. v. Wee Haul, LLCNevada Supreme Court · 2007
- Southern Waste Systems, LLC v. City of Delray BeachCourt of Appeals for the Eleventh Circuit · 2005
- Southern Waste Systems, LLC v. City of Coral SpringsDistrict Court, S.D. Florida · 2010
- WASTE MGMT. OF ALAMEDA CTY. v. Biagini Waste Reduction Systems, Inc.California Court of Appeal · 1998
- Attorney General Opinion No., Kansas Attorney General Reports2003