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Plummer v. Fruitland, City of

ELR Citation: 33 ELR 20192
Nos. 27999, (Idaho, 05/02/2003)

The court holds that a lower court erred in upholding a local ordinance that provided an exclusive garbage collection and hauling franchise to a sanitation company. A competing company filed suit against the city after one of its employees was arrested for violating the ordinance. The court first holds that the district court erred in granting summary judgment to the city on the competing company's exclusive franchise, antitrust, and competitive bidding claims. Under the existing statutory framework, Idaho cities do not have the power to grant exclusive solid waste disposal franchises that prohibit others from carrying on competing garbage hauling services. Cities do, however, have the authority to regulate for public health and welfare the manner in which garbage hauling is carried out. Thus, summary judgment was properly entered in favor of the city on the competing company's void for vagueness and tort challenges.

James G. Reid
Ringert Clark, Chartered
455 S. Third Ave., Boise ID 83702
(208) 342-4657

Counsel for Respondents
Paige A. Parker
Moore, Baskin & Parker
1001 W. Idaho St., Ste. 400, Boise ID 83707
(208) 336-6900