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Constitutional Law Keyed to Chemerinsky
C & A Carbone, Inc. v. Town of Clarkstown, New York
Facts
The Plaintiff, the Town of Clarkstown, New York (Plaintiff), entered into a consent decree with the state of New York to close its landfill and build a new solid waste transfer station on the site. In order to finance the waste transfer station, the Plaintiff adopted an ordinance requiring all non-hazardous solid waste generated or brought into the town to be processed at the transfer station for a fee above market price. Violators would be punished through fines or jail time. The Defendant, C & A Carbone, Inc. (Defendant), a company that processed waste, did not process their waste at the local station more than six times. The Plaintiff town sought an injunction to force the Defendant to comply with the town ordinance. The state courts rejected the Defendant’s argument that the ordinance violated the commerce clause.
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