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WATERS GARBAGE v. SHOSHONE COUNTY

No. 27532.

67 P.3d 1260 (2003)

138 Idaho 648

WATERS GARBAGE, Plaintiff-Appellant, v. SHOSHONE COUNTY, and its Board of County Commissioners, Jack King, Sherri Krulitz and Jim Vergobbi, Defendants-Respondents.

Supreme Court of Idaho. Boise, February 2003 Term.

April 10, 2003.

Attorney(s) appearing for the Case

Law Office of John J. Rose, Jr., Kellogg, for appellant. John J. Rose, Jr., argued.

Evans, Keane, Kellogg, for respondents. Charles L.A. Cox argued.

EISMANN, Justice.

This is an appeal from a summary judgment holding that Idaho Code § 31-4404(2) authorizes Shoshone County to charge a users fee to county residents who did not use the county solid waste disposal facilities and that the imposition of such fee does not violate the Commerce Clause of the Constitution of the United States. We reverse the holding that the statute authorizes a county to charge a users fee to nonusers of the county solid waste disposal...

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