Legal Opinion

Commercial Clean-Up Enterprises, Inc. v. Lee County

District Court of Appeal of Florida

Decided September 10, 1999No. 98-03287Published

1Opinion of the Court

CAMPBELL, Judge.

This appeal stems from a constitutional attack on a Lee County waste hauling ordinance. Appellant argued below that the ordinance was vague and violated the commerce clause. The trial court found no merit in Appellant’s challenge and entered summary judgment in favor of Lee County. We affirm.

The challenged ordinance was enacted by Lee County for the purpose of regulating waste removal and disposal. The instant dispute arose because the ordinance distinguished between two types of construction and demolition (C & D) debris: C & D debris that is removed from renovation or…

2Cases cited4 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
  3. Commission on Ethics v. BarkerSupreme Court of Florida · 1996
  4. Bennett Electric Co. v. Village of Miami ShoresDistrict Court, S.D. Florida · 1998

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