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Swin Resource Sys., Inc. v. Lycoming County

ELR Citation: 18 ELR 20910
Nos. No. 87-1565, 678 F. Supp. 1116/(M.D. Pa., 02/10/1988)

The court holds that a county-operated landfill that imposed volume restrictions and increased rates on plaintiff's municipal solid waste processing facility that receives out-of-state waste does not violate the Commerce Clause, plaintiff's due process, or equal protection rights. The court first holds that the county's volume restrictions and increased rates do not violate the Commerce Clause because the county is permitted to favor its own citizens over others when it is acting as a market participant. The court then holds that the plaintiff's due process rights are not violated because the county's action were not arbitrary and capricious and had a rational basis. However, the court notes that the plaintiff may be able to maintain a state breach of contract action based on deprivation of property. The court holds that the increased rates do not violate the plaintiff's equal protection rights because the rate changes have the rational basis of extending the life of the landfill.

Counsel for Plaintiff
John P. Krill Jr., Carleton O. Strouss
Kirkpatrick & Lockhart
240 N. Third St., Harrisburg PA 17101
(717) 231-4500

Counsel for Defendants
J. David Smith
McCormick, Reeder, Nichols, Sarno, Bahl & Knecht
835 W. Fourth St., Williamsport PA 17701
(717) 326-5131