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National Solid Wastes Management Ass'n v. City of Dallas

ELR Citation: 42 ELR 20215
Nos. 3:11-cv-3200, (N.D. Tex., 10/16/2012) (O'Connor, J.)

A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of waste at any authorized landfill. After the city issued the flow control ordinance, the franchisees filed suit. Despite the city's proffered justifications, the evidence demonstrates that it implemented the ordinance to raise revenue to advance its economic and proprietary interests at the expense of the franchisees' rights. This is an unreasonable exercise of its police powers. In addition, the franchisees will suffer irreparable harm if the ordinance is allowed to take effect, the balance of equities favors the franchisees, and a permanent injunction is in the public interest. Accordingly, the ordinance violates the Contract Clause of the U.S. Constitution and the Due Course of Law Clause of the Texas Constitution, and the court permanently enjoined the city from enforcing it.