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Huish Detergents, Inc. v. Warren County, Kentucky Monarch Environmental Inc.

Court of Appeals for the Sixth Circuit

Decided May 31, 2000No. 98-5566PublishedCited by 41 opinions

1Opinion of the CourtRyan, J., joined by Batchelder, J.,

CLAY, J. (pp. 717-18), delivered a separate concurring opinion.

OPINION

RYAN, Circuit Judge.

Huish Detergents, Inc., challenges an ordinance enacted by Warren County, Kentucky, and a franchise agreement entered into by Warren County and Monarch Environmental, Inc., pursuant to which Monarch is the exclusive contractor for collecting and processing all the solid waste generated in the city of Bowling Green, Kentucky. Huish’s claim is that the ordinance and companion agreement violate both the so-called “dormant” Commerce Clause of the United States Constitution and the Kentucky Constitution. The…

2Cases cited31 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  4. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999

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3Cited by41 opinions

  1. Club Italia Soccer & Sports Organization, Inc., a Michigan Non-Profit Corporation v. Charter Township of Shelby, MichiganCourt of Appeals for the Sixth Circuit · 2006
  2. City of Los Angeles v. County of KernCourt of Appeals for the Ninth Circuit · 2009
  3. Freeman v. CorzineCourt of Appeals for the Third Circuit · 2010
  4. American Beverage Association v. SnyderCourt of Appeals for the Sixth Circuit · 2013
  5. Oxford Associates Hpc Associates King of Prussia Arms Sussex Gwynedd Ltd. Inc. Lakeside Apts. Assoc. Curren Partnership Whitpain Associates Towne Courts Apartments Mill Creek Associates WyndonCourt of Appeals for the Third Circuit · 2001

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