THOMPSON v. COUNTY OF BLUE EARTH

No. 45237.

233 N.W.2d 770 (1975)

Wayne (Bill) THOMPSON, d.b.a. Bill's Sanitation, Respondent, v. COUNTY OF BLUE EARTH, et al., Appellants.

Supreme Court of Minnesota.

September 26, 1975.


Attorney(s) appearing for the Case

John F. Corbey, County Atty., John M. Riedy, Asst. County Atty., Mankato, for appellants.

Gault, MacKenzie, Gustafson & Litynski and Jerold M. Lucas, St. Peter, for respondent.

Heard before ROGOSHESKE, TODD, and SCOTT, JJ., and considered and decided by the court en banc.


TODD, Justice.

Respondents appeal from an order granting petitioner a peremptory writ of mandamus restraining respondent County of Blue Earth from enforcing against petitioner a provision of its solid waste ordinance requiring licensed waste haulers to deposit refuse in landfill sites located within the county. The lower court held that the requirement was beyond the powers granted the county by statute and that the restriction violated petitioner's constitutional...

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