Porter v. Suburban Sanitation Service, Inc.

LAKE, Justice.

The Plaintiffs’ Appeals

The plaintiffs contend that authority to issue exclusive franchises to pick up, collect, transport and dispose of trash and other refuse, as well as garbage, was conferred upon the Board by G.S. 153-272. The Superior Court concluded: (a) This statute authorizes the Board to grant an exclusive franchise for the collection and disposal of “garbage”; (b) this statute does not authorize the Board to grant an exclusive franchise for the collection and disposal of “trash”; (c) solid waste material in which “garbage” is inseparably commingled is “garbage”; and…