Constitutional Law Keyed to Stone
C & A Carbone, Inc. v. Clarkstown
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The Respondent subsidized a private waste disposal station by guaranteeing a minimum flow of waste to a private waste station and allowing the station to charge a certain fee. To assure the guaranteed flow, the Town enacted a “flow control ordinance” whereby all solid waste collected from within the town were required to be deposited at the designated station. Petitioner, a private recycling facility, collected waste from elsewhere in New York and in New Jersey. Without the flow control ordinance in effect, Petitioner would have sent its non-recyclable waste to an out-of-state waste station and paid a lower fee for disposal.
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