Del Norte Disposal, Inc. v. Department of Corrections

— Plaintiffs and appellants Del Norte Disposal, Inc., and Del Norte Solid Waste Management Authority appeal from an order denying their motion for a preliminary injunction in an action to compel defendants and respondents State of California Department of Corrections and Eel River Disposal Co. to cancel a contract for solid waste disposal. In the contract Eel River Disposal agrees to “furnish.all labor, materials, supplies, equipment, and transportation necessary to provide solid waste (wet and dry) and sewage plant collection and disposal service for Pelican Bay State Prison . . . .”

The trial court denied a preliminary injunction on the ground appellants “have made no sufficient showing of irreparable harm and ... are not likely to prevail on the merits.”

Appellants contend that they are likely to prevail on the merits because under the local ordinances governing the place where Pelican Bay State Prison (prison) is located, Del Norte Disposal has the exclusive franchise for solid waste disposal. Respondents contend that the prison is exempt from those ordinances because it is a state agency engaging in sovereign activity. Respondents’ contention has merit.

The…