Legal Opinion

Heier's Trucking, Inc. v. Waupaca County

Court of Appeals of Wisconsin

Decided July 31, 1997No. 96-3711Published

1Opinion of the CourtVergeront, J.

This appeal concerns a Waupaca County recycling ordinance that requires all recyclables collected in municipalities that have designated the County as the "responsible unit" to be delivered to the Waupaca County Processing Facility. Waupaca County, Wis., Recycling Ordinance § 20.15(1) (1995). Waupaca County and Waupaca County Solid Waste Management Board appeal from a judgment declaring this "flow control" provision of the ordinance invalid and unenforceable on the grounds that it violates the Commerce Clause of the United States Constitution. We agree with the trial court and therefore…

2Cases cited7 opinions

  1. C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
  2. Hughes v. Alexandria Scrap Corp.Supreme Court of the United States · 1976
  3. Harvey & Harvey, Inc. v. County of Chester Pennsylvania Department of Environmental Resources Chester County Solid Waste Authority Southeastern Chester County Refuse Authority. Tri-County Industries, Inc. v. County of Mercer Pennsylvania Mercer County Solid Waste Authority Commonwealth of Pennsylvania, Department of Environmental Resources the County of Mercer, Pennsylvania the Mercer County Solid Waste Authority and Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995
  4. Wisconsin Retired Teachers Ass'n v. Employe Trust Funds BoardWisconsin Supreme Court · 1997
  5. State v. PheilCourt of Appeals of Wisconsin · 1989

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