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WASTE RESOURCE TECHNOLOGIES v. DEPT. OF PUB. HLT. OF CITY AND CTY. OF SAN FRANCISCO

Docket No. A060784.

23 Cal.App.4th 299 (1994)

28 Cal. Rptr.2d 422

WASTE RESOURCE TECHNOLOGIES et al., Plaintiffs, Cross-defendants and Appellants, v. DEPARTMENT OF PUBLIC HEALTH OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents; GOLDEN GATE DISPOSAL COMPANY et al., Interveners, Cross-complainants and Respondents.

Court of Appeals of California, First District, Division Four.

March 16, 1994.

Attorney(s) appearing for the Case

COUNSEL

Reuben & Cera, James A. Reuben, Joel Yodowitz and Andrew J. Junius for Plaintiffs, Cross-defendants and Appellants.

Louise H. Renne, City Attorney, Patrick J. Mahoney, Chief Deputy City Attorney, and John D. Cooper, Deputy City Attorney, for Defendants and Respondents.

Howard, Rice, Nemerovski, Canady, Robertson & Falk, Peter J. Busch and Todd E. Thompson for Interveners, Cross-complainants and Respondents.

Burke, Williams & Sorensen, Rufus C. Young, Jr., and Virginia R. Pesola as Amici Curiae.

OPINION

POCHE, J.

The City and County of San Francisco (City) has a long-standing practice of granting to private entities what amounts to an exclusive franchise to collect refuse. The issue presented is whether the City's authority to enter into this type of arrangement survived passage of the California Integrated Waste Management Act of 1989.1 We conclude that the City still has the power to grant an...

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