Legal Opinion
Waste Management of the Desert, Inc. v. Palm Springs Recycling Center, Inc.
California Supreme Court
Decided March 31, 1994No. S029150PublishedCited by 24 opinions
1Opinion of the Court
Opinion
BAXTER, J.
The California Integrated Waste Management Act of 1989 (the Act) authorizes cities to grant exclusive franchises for solid waste handling services. (Pub. Resources Code, § 40059, subd. (a)(2).) The question is whether this authority extends so far as to prohibit the owner of recyclable materials from selling them to someone other than the exclusive franchisee. Whether the Legislature has authorized such franchises is solely a question of statutory construction.
We hold the Act does not allow an exclusive franchise for the collection of recyclables not discarded by their owner.…
2Cases cited5 opinions
- Carothers v. CapozzielloSupreme Court of Connecticut · 1990
- Reading Co. v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1993
- Union Pacific Railroad v. State Board of EqualizationCalifornia Supreme Court · 1989
- Ticonderoga Farms, Inc. v. County of LoudounSupreme Court of Virginia · 1991
- Darling Delaware Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1977
3Cited by24 opinions
- People v. Christian S.California Supreme Court · 1994
- People v. C.H.California Supreme Court · 2011
- Industrial Waste & Debris Box Service, Inc. v. MurphyCalifornia Court of Appeal · 2016
- Haniff v. Superior Court of Santa Clara CountyCalifornia Court of Appeal · 2017
- Rodeo Sanitary District v. Board of SupervisorsCalifornia Court of Appeal · 1999
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