Legal Opinion
Waters Garbage v. Shoshone County
Idaho Supreme Court
Decided April 10, 2003No. 27532PublishedCited by 8 opinions
1Opinion of the Court
EISMANN, Justice.
This is an appeal from a summary judgment holding that Idaho Code § 31-4404(2) authorizes Shoshone County to charge a users fee to county residents who did not use the county solid waste disposal facilities and that the imposition of such fee does not violate the Commerce Clause of the Constitution of the United States. We reverse the holding that the statute authorizes a county to charge a users fee to nonusers of the county solid waste disposal facilities, and we affirm the holding that Shoshone County did not violate the Commerce Clause.
I. FACTS AND PROCEDURAL HISTORY
The…
2Cases cited10 opinions
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
- C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
- Hughes v. Alexandria Scrap Corp.Supreme Court of the United States · 1976
- Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural ResourcesSupreme Court of the United States · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Athay v. StaceyIdaho Supreme Court · 2005
- Hayden Lake Fire Protection District v. AlcornIdaho Supreme Court · 2005
- Gibson v. Ada CountyIdaho Supreme Court · 2006
- Halvorson v. North Latah County Highway DistrictIdaho Supreme Court · 2011
- McCabe v. CravenIdaho Supreme Court · 2008
3 more not listed; retrieve them via the Exa API.