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EMPIRE WASTE MANAGEMENT v. TOWN OF WINDSOR

No. A079840.

79 Cal.Rptr.2d 262 (1998)

67 Cal.App.4th 714

EMPIRE WASTE MANAGEMENT, Plaintiff and Appellant, v. TOWN OF WINDSOR, Defendant and Respondent.

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

As Modified on Denial of Rehearing November 24, 1998.

Review Denied January 27, 1999.

Attorney(s) appearing for the Case

John E. Carne, Ezra Hendon, John Lynn Smith, Crosby, Heafey, Roach & May, Oakland, for Plaintiff and Appellant.

Steven R. Meyers, Town Attorney, Elizabeth H. Silver, Assistant Town Attorney, Andrea J. Saltzman, Meyers, Nave, Riback, Silver & Wilson, San Leanfro, for Defendant and Respondent.

POCHE, Associate Justice.

A provision of the Integrated Waste Management Act (Pub. Resources Code, § 40000 et seq.) (the Act) gives "the governing body of the local governmental agency" the authority to grant an exclusive franchise for "solid waste handling services." The issue presented here is whether this provision abrogates local citizens' right to vote on whether to repeal a long-term extension of the franchise granted by their municipal council. We hold...

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