Legal Opinion
Diamond Waste, Inc. v. Monroe County, Georgia, Monroe County Board of Commissioners, Tommy Wilson, Jim Ham, R.T. Bunn, Larry Evans, James Long
Court of Appeals for the Eleventh Circuit
Decided October 25, 1991No. 90-8298PublishedCited by 21 opinions
1Opinion of the Court
CLARK, Circuit Judge:
This appeal raises the question of the constitutionality of Monroe County’s ban on the importation of out-of-county waste. We hold that the County resolution at issue violates the commerce clause but that the Georgia statute from which Monroe County may have derived its authority to impose the ban is constitutional.
I. BACKGROUND
Monroe County, Georgia and the City of Forsyth, located in Monroe County, jointly operated a waste disposal dump in an unincorporated area of the county for several years. Forsyth owned the land where the dump was located. Under the terms of a…
2Cases cited11 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Dean Milk Co. v. City of MadisonSupreme Court of the United States · 1951
- Great Atlantic & Pacific Tea Co. v. CottrellSupreme Court of the United States · 1976
- Borough of Glassboro v. Gloucester County BoardSupreme Court of New Jersey · 1985
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3Cited by21 opinions
- Locke v. ShoreCourt of Appeals for the Eleventh Circuit · 2011
- SDDS, Inc. v. South DakotaCourt of Appeals for the Eighth Circuit · 1995
- Sdds, Inc. v. State Of South DakotaCourt of Appeals for the Eighth Circuit · 1995
- BFI Waste Systems of North America v. Dekalb CountyDistrict Court, N.D. Georgia · 2004
- Florida Transportation Service, Inc. v. Miami-Dade CountyDistrict Court, S.D. Florida · 2010
16 more not listed; retrieve them via the Exa API.