Legal Opinion
Dutchess Sanitation Service, Inc. v. Town of Plattekill
New York Court of Appeals
Decided December 22, 1980PublishedCited by 21 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
A duly enacted Town of Plattekill ordinance broadly forbids anyone other than those who reside or conduct an established business in the town from depositing within its boundaries any “garbage, rubbish or other articles originating elsewhere than in the Town”. The principal question we reach on this appeal is whether the ordinance, as applied, violates the interstate commerce clause of the United States Constitution (art I, § 8).
This case is a sequel to one by which, in 1976, the town successfully sought to permanently enjoin the plaintiff, Dutchess Sanitation…
2Cases cited18 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Wickard v. FilburnSupreme Court of the United States · 1942
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Hughes v. OklahomaSupreme Court of the United States · 1979
- Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980
- Niagara Recycling, Inc. v. Town of NiagaraAppellate Division of the Supreme Court of the State of New York · 1981
- Diamond Waste, Inc. v. Monroe County, Georgia, Monroe County Board of Commissioners, Tommy Wilson, Jim Ham, R.T. Bunn, Larry Evans, James LongCourt of Appeals for the Eleventh Circuit · 1991
- Pharmaceutical Manufacturers Ass'n v. WhalenNew York Court of Appeals · 1981
- Town of Clarkstown v. C&A Carbone, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
16 more not listed; retrieve them via the Exa API.