Town of Clarkstown v. C&A Carbone, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
On this appeal, we examine the constitutionality of a local law which mandates that all solid waste processed or otherwise handled within the locality be processed or handled at a designated facility. In light of the health, safety, and environmental concerns connected with solid waste management and disposal, we conclude that the challenged local law constitutes a valid exercise of the locality’s police power which offends neither the Commerce Clause of the United States Constitution nor the Due Process Clauses of the United States and New York State…
2Cases cited28 opinions
- In re AhoNew York Court of Appeals · 1976
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
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3Cited by13 opinions
- Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
- Atlantic Coast Demolition & Recycling, Inc. v. Board Of Chosen Freeholders Of Atlantic CountyCourt of Appeals for the Third Circuit · 1995
- Florida Transportation Service, Inc. v. Miami-Dade CountyDistrict Court, S.D. Florida · 2010
- Madison Landfills, Inc. v. Libby Landfill Negotiating CommitteeCourt of Appeals of Wisconsin · 1993
- Florida Transportation Service, Inc. v. Miami-Dade CountyDistrict Court, S.D. Florida · 2008
8 more not listed; retrieve them via the Exa API.