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Blue Ribbon Properties, Inc. v. Hardin County Fiscal Court

Citation: 33 ELR 20019
No. No. 00-6345, 50 Fed. Appx. 671/(6th Cir., 08/15/2002)

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the U.S. Commerce Clause or the Sherman Antitrust Act. The court first holds that the company did not meet the requirements to demonstrate that a taking occurred. The company failed to show that there is no productive use to which it can put its property or that all economically productive use of the property has been lost due to government action. The court next holds that the denial of the permit did not discriminate against interstate commerce in violation of the Commerce Clause. There was no discriminatory purpose or intent behind the county's actions. The company presented no evidence that the county's specific inclusion of state counties in its out-of-area designation for the proposed landfill constituted an exclusion of non-state areas as possible sources of waste, or that the statements of one member of the panel that denied the company's permit influenced the other members of the panel. The court further holds that the county did not violate the Sherman Antitrust Act by willfully acting to acquire and maintain a monopoly when it denied the company's permit and chose to run the county's landfill itself.

Counsel for Plaintiff
Stanley W. Whetzel Jr.
Law Offices of Stanley W. Whetzel Jr.
101 S. 5th St., Ste. 3850, Louisville KY 40202
(502) 582-1891

Counsel for Defendant
Dave Whalin
Landrum & Shouse
106 W. Vine St., Lexington KY 40588
(859) 255-2424