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PITSCH RECYCLING & DISPOSAL, v. COUNTY OF IONIA

No. 1:05-CV-123.

386 F.Supp.2d 938 (2005)

PITSCH RECYCLING & DISPOSAL, INC. and Pitsch Sanitary Landfill, Inc., Plaintiffs, v. The COUNTY OF IONIA, Defendant.

United States District Court, W.D. Michigan, Southern Division.

September 8, 2005.

Attorney(s) appearing for the Case

Andrew C. Vredenburg, Andrew C. Vredenburg PLC, Grand Rapids, MI, for Pitsch Recycling & Disposal, Inc, Pitsch Sanitary Landfill, Inc., plaintiffs.

Douglas W. Van Essen, Silver & Van Essen PC, Grand Rapids, IA, for Ionia, The County of, defendant.

OPINION

ROBERT HOLMES BELL, Chief Judge.

In this declaratory judgment action, Plaintiffs Pitsch Recycling & Disposal, Inc. and Pitsch Sanitary Landfill, Inc. (collectively "Pitsch") seek a declaration that Defendant Ionia County's ("the County") amendment to its Solid Waste Management Plan increasing an impact fee on solid waste violates the United States and Michigan Constitutions. In addition, Pitsch seeks an injunction barring the enforcement...

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