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DOUGLAS DISPOSAL, INC. v. WEE HAUL, LLC

No. 44862.

170 P.3d 508 (2007)

DOUGLAS DISPOSAL, INC., Appellant, v. WEE HAUL, LLC; Robert Haight; Scott Hoyle; Mitchell B. Crockett; NJ Enterprises, Inc.; John Innes; and Nancy Innes, Respondents.

Supreme Court of Nevada.

November 8, 2007.

Attorney(s) appearing for the Case

Jeffrey K. Rahbeck, Zephyr Cove, for Appellant.

Hager & Hearne and Treva J. Hearne and Robert R. Hager, Reno, for Respondents.

Mark Jackson, District Attorney, and Cynthea A. Gregory, Deputy District Attorney, Douglas County, for Amicus Curiae Douglas County.

BEFORE THE COURT EN BANC.

OPINION

By the Court, SAITTA, J.:

In this appeal, we examine whether a county is authorized, under its governmental police powers, to regulate construction waste, and particularly whether Douglas County properly enacted an ordinance granting an exclusive franchise to appellant Douglas Disposal, Inc. (Disposal), for construction waste collection and disposal within the county. Since we conclude that construction waste regulation falls within the County...

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