Dirty Boyz Sanitation Serv., Inc. v. City of Rawlins
889 F.3d 1189 | Court of Appeals for the Tenth Circuit | 2018
Holding Summary
A city's flow-control ordinance requiring garbage haulers to use the city's transfer station does not violate the Contract Clause or FAAAA preemption because the underlying garbage collection agreement contained no right to choose disposal sites and garbage is not 'property' under the FAAAA.
Dirty Boyz has no right under the agreement to choose where it disposes of its collected garbage.
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