ZENITH/KREMER v. W. LAKE SUP. SANITARY

No. C0-96-1602.

558 N.W.2d 288 (1997)

ZENITH/KREMER WASTE SYSTEMS, INC., et al., Respondents, v. WESTERN LAKE SUPERIOR SANITARY DISTRICT, Appellant.

Court of Appeals of Minnesota.

Review Granted March 26, 1997.


Attorney(s) appearing for the Case

Harold A. Frederick, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for appellant.

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

Considered and decided by SHORT, P.J., and RANDALL and DAVIES, JJ.


OPINION

RANDALL, Judge.

Respondent moved for summary judgment on its claim that appellant's solid waste generation and tipping fee scheme violates the Commerce Clause of the federal constitution. The district court granted respondent's motion on the ground that appellant's fee scheme discriminates against interstate commerce and does not use the least onerous means to advance a legitimate local interest. On appeal, appellant argues that its fee scheme is...

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