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COUNTY COMM'RS OF CHARLES CO. v. STEVENS

No. 94, September Term, 1983.

299 Md. 203 (1984)

473 A.2d 12

COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND v. ALBERT W. STEVENS, T/A A.W. STEVENS & SONS.

Court of Appeals of Maryland.

April 4, 1984.

Attorney(s) appearing for the Case

Thomas C. Hayden, Jr., County Atty., La Plata, for appellant.

Stephen H. Sachs, Atty. Gen., Dorothy A. Beatty and Pamela D. Andersen, Asst. Attys. Gen., Baltimore, on brief, amici curiae for State of Maryland, Maryland Environmental Service.

Thomas P. Smith, County Atty., Michael O. Connaughton, Deputy Co. Atty., Steven M. Gilbert and John T. Beamer, II, Associate County Attys., Upper Marlboro, on brief, amicus curiae for Prince George's County, Maryland.

Kathryn J. Dahl, Annapolis (Blumenthal, Delavan, Offutt & Moodispaw, P.A., Annapolis, on brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and CHARLES E. ORTH, Jr., retired, Specially Assigned Judge.

MURPHY, Chief Judge.

We granted certiorari to determine whether a regulation banning disposal, in a county owned and operated landfill facility, of solid waste originating outside the county's borders violates the Commerce Clause of the United States Constitution.1

I.

The County Commissioners of Charles County own and operate a sanitary landfill in Pisgah, Charles County, Maryland. The purpose of the facility is to provide...

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