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SANIFILL, INC. v. KANDIYOHI COUNTY

No. C8-96-1475.

559 N.W.2d 111 (1997)

SANIFILL, INC., Respondent, v. KANDIYOHI COUNTY, Minnesota, Appellant.

Court of Appeals of Minnesota.

February 11, 1997.

Attorney(s) appearing for the Case

Timothy R. Thornton, Jack Y. Perry, Briggs & Morgan, P.A., Minneapolis, for Respondent.

Thomas L. Johnson, Virginia J. Knudson, Ben I. Omorogbe, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, for Appellant.

Considered and decided by PETERSON, P.J., and WILLIS and FORSBERG, JJ.

OPINION

WILLIS, Judge.

Kandiyohi County (county) challenges the district court's grant of summary judgment in favor of Sanifill and its denial of summary judgment to the county. The county argues that the district court erred in concluding that the combination of the county's proposed Waste Management Service Fee (service fee) and its landfill tipping fee violates the Commerce Clause of the federal constitution. Alternatively, the county argues that summary...

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