Bagford v. Ephraim City

STEWART, Associate Chief Justice:

Plaintiffs John M. Bagford and Fae H. Bagford, proprietors of a garbage collection business, appeal a district court judgment holding that an Ephraim City garbage collection ordinance does not result in a taking of the Bagfords’ private garbage collection business. The ordinance provides for municipal garbage collection and requires all city residents to pay a fee for the city’s garbage collection, whether or not the residents are using the city’s facilities. The Bagfords assert that the district court erred in ruling that their loss of business from…