Waste Mgmt. of Alameda Cty., Inc. v. Biagini Waste Reduction Sys., Inc.

We conclude in this appeal that the trial court did not err by issuing a preliminary injunction in favor of respondent based upon the terms of a constitutionally valid exclusive franchise waste collection ordinance, and affirm the judgment.

Statement of Facts and Procedural History

Pursuant to statutory authority granted by the California Integrated Waste Management Act of 1989, the City of Oakland enacted an “Ordinance Amending in its Entirety Chapter 6, Article 4, of the Oakland Municipal Code, for Recycling and Solid Waste Disposal” (hereafter ordinance) in July of 1995 to create an exclusive franchise for collection and disposal of solid waste. (Pub. Resources Code, § 40000 et seq.) According to the provisions of the ordinance, only the “solid waste and yard waste collector” (hereafter collector) franchised by the city is entitled to collect from single-family dwellings or transport upon city streets any “solid waste,” with enumerated exceptions. A companion ordinance authorized the city manager to negotiate and enter into an exclusive franchise agreement with respondent to act as collector of solid waste, in exchange for payment by respondent of monthly franchise…