Blue Circle Cement, Inc. v. Board of County Commissioners of Rogers

ORDER

HOLMES, District Judge.

This matter comes before the Court for consideration on the Motion for Summary Judgment of Plaintiff Blue Circle Cement, Inc. (“Blue Circle”).

This case arises from a municipality’s exercise of its zoning authority to regulate hazardous waste disposal, recycling, and treatment within its borders. In its motion, Blue Circle raises constitutional challenges to the hazardous waste zoning ordinance enacted by the Defendant, the Board of County Commissioners of Rogers County (the “Board”).

On August 4, 1992, the District Court granted summary judgment sua sponte in favor…