Sal Tinnerello & Sons, Inc. v. Town of Stonington

Petition for Writ of Certiorari by Plaintiff-Appellant

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This is a petition for certiorari filed by the plaintiff-appellant to the U.S. Supreme Court in an action to prevent defendants from enforcing an ordinance creating a Resource Recovery Authority and granting a monopoly to its chosen waste disposal company. The plaintiff had argued that the ordinance violated the Due Process, Contract and Commerce Clauses of the United States Constitution. The petition addressed the following issues and includes the decisions of the District Court and Court of Appeals in the Appendix:

1) Did the appellate court erroneously rule that there is no likelihood of Commerce Clause violation when a local government legislates a garbage monopoly which forecloses all access for local generators and haulers to the interstate trash collection, processing and disposal markets?

2) Is there “market participant” or “public utility” exemption from dormant Commerce Clause scrutiny for trash collection, under which a local government can legislate a garbage monopoly which forecloses all access for local generators and haulers to the interstate trash collection, processing and disposal markets, and under which a local government can also direct garbage collected by the monopolist to a designated in-state facility?

3) Did the appellate court erroneously rule that there is no likelihood of commerce clause violation when a local government requires pick up of all trash by a government selected hauler, and then additionally restricts disposal of all such collected trash to a single in-state facility for primarily, if not exclusively, economic protectionist reasons?

4) Did the appellate court erroneously rule that there is no likelihood of Contract Clause violation when a local government makes illegal all existing and future contracts of a trash collector with commercial entities in the city, by legislating that only a competitor may collect trash in the city?

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Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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