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ENVIROSAFE SERV. OF IDAHO v. CTY. OF OWYHEE

No. 16327.

735 P.2d 998 (1987)

112 Idaho 687

ENVIROSAFE SERVICES OF IDAHO, INC., a Delaware corporation, Plaintiff-Respondent, v. The COUNTY OF OWYHEE, a political subdivision of the State of Idaho; and the Board of County Commissioners of Owyhee County, Donald L. Davis, James W. Purdom, and Richard Bass, members of the Board of County Commissioners, Defendants-Appellants.

Supreme Court of Idaho.

March 24, 1987.

Attorney(s) appearing for the Case

William Alex Fuhrman (argued), and James J. Davis (appeared), Boise, for defendants-appellants.

Chas. F. McDevitt (argued), and Kenneth R. McClure (appeared), Boise, for plaintiff-respondent.

HUNTLEY, Justice.

Owyhee County appeals the trial court's writ of prohibition and order prohibiting it from enforcing its Ordinance No. 83-02, wherein the county sought to regulate the disposal of hazardous and non-hazardous wastes and materials (including polychlorinated biphenyls (PCBs)) and establish user fees.

On April 9, 1984, the Owyhee County Board of Commissioners enacted "the third amended Owyhee County Catastrophic and Emergency Preparedness Hazardous...

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