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Hybud Equip. Corp. v. Akron, City of

Citation: 11 ELR 20894
No. No. 80-3121, 654 F.2d 1187/16 ERC 1320/(6th Cir., 07/17/1981)

The court affirms a holding that a City of Akron ordinance creating a monopoly over the collection and recycling of solid waste is lawful under the Constitution and the antitrust laws. The ordinance, which requires that all combustible and recyclable solid waste collected in the city be delivered to the city-owned incineration and recycling center, violates neither the takings clause nor the due process clause, even though it in effect appropriates the value of recyclable wastes that are abandoned by the owner and mixed in the stream of garbage. In addition, the city's actions do not discriminate against interstate commerce since their effects are local and do not burden outsiders. Finally, Akron's waste disposal ordinance furthers a traditional municipal function authorized by the state, and thus constitutes state action exempt under the Tenth Amendment from the federal antitrust laws.

Counsel for Appellants
William C. Brashares
Cladouhos & Brashares
1750 New York Ave. NW, Washington DC 20006
(202) 783-6111

Counsel for Appellees
John E. Holcomb; William F. Spicer, Ass't Dir. of Law
304 Municipal Bldg., Akron OH 44308
(216) 375-2036

Eben G. Crawford, William H. Baughman Jr.
1800 Union Commerce Bldg., Cleveland OH 44115
(216) 696-9200

Steven Schwartz; Timothy Hartman, Ass't Pros. Attorney
Summit Cty. Safety Bldg., 53 E. Center St., Akron OH 44308
(216) 379-5595

Before: MERRITT and MARTIN, Circuit Judges; GORDON, Senior District Judge.*