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ZENITH/KREMER v. WESTERN LAKE SANITARY

No. C0-96-1602.

572 N.W.2d 300 (1997)

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

Supreme Court of Minnesota.

December 24, 1997.

Attorney(s) appearing for the Case

Briggs and Morgan, P.A., Timothy R. Thornton, Jack Y. Perry, Minneapolis, for appellant

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

State of Minnesota, Office of Atty. Gen., Beverly Conerton, St. Paul, Lockridge, Grindal, Nauen & Holstein, P.L.L.P., Charles N. Nauen, William A. Grengler, Susan E. Ellingstad, Minneapolis, for amicus curiae.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

This case involves a Dormant Commerce Clause challenge to a municipality's use of a tax and subsidy arrangement to pay the debt service on its solid waste processing facility and to lower the facility's tipping fees. In the district court, the respondents, Zenith/Kremer Waste Systems, Inc. (Zenith/Kremer) and United Waste Systems, Inc. (United), challenged both the authority of the appellant, Western Lake Superior Sanitary District...

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