Shayne Brothers v. Prince George's County

No. Civ. H-82-2354 (D. Md. February 9, 1983)

ELR Digest

The district court enjoins the enforcement of a county ordinance that restricts disposal of out-of-state refuse in county landfills because the ordinance violates the Commerce Clause of the United States Constitution. The ordinance required permission from the county council and executive before dumping out-of-state waste at any landfill in the county. The court holds that City of Philadelphia v. New Jersey, 8 ELR 20540, is controlling. The court rules that while a county might constitutionally restrict all wastes or limit access to state-owned facilities, the challenged ordinance does neither. A county may not discriminate against wastes on the basis of their point of origin or broadly restrict out-of-state access to natural resources such as landfills. The court holds that the ordinance does not serve a proprietary function exempt from Commerce Clause scrutiny, but rather a comprehensive regulatory function governing all landfills in the county. The county may not isolate itself in the stream of interstate commerce from the waste disposal problem that is shared by all. The court also enjoins enforcement against plaintiffs of another county ordinance that restricts neighboring or adjacent jurisdictions and municipalities from using disposal facilities located within the county. The ordinance is inapplicable to plaintiffs as they are private corporations.

The full text of this opinion is available from ELR (13 pp. $2.25, ELR Order No. C-1309).

Counsel for Plaintiffs
George Beall, Jefferson V. Wright
Miles & Stockbridge
10 Light St., Baltimore MD 21202
(301) 727-6464

Counsel for Defendant
Robert B. Ostrom, Cty. Attorney; John T. Beamer II
14741 Gov. Oden Bowie Dr., Upper Marlboro MD 20772
(301) 952-4124

Harvey, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]