City of Alhambra v. P.J.B. Disposal Co.

— For years, P.J.B. Disposal Company (PJB) had an annually renewed, nonexclusive license to do business in the City of Alhambra, pursuant to which PJB could and did haul solid waste (trash) for its commercial customers. In 1994, the City complied with a new statutory scheme by circulating a request for proposals for exclusive or partially exclusive franchises for all commercial solid waste disposal within the City. Instead of responding, PJB unilaterally concluded that its business license gave it a five-year continuation right under the new statute. Others did respond and, ultimately, the city issued four exclusive franchises to PJB’s competitors. After PJB refused to relinquish its customers to the new franchisees, the City refused to renew PJB’s business license, and this lawsuit followed. The City’s motion for summary judgment was granted and PJB appeals. We affirm.

Background

A.

In 1988, Californians generated more than 38 million tons of solid waste (about 1,500 pounds per resident), 90 percent of which was disposed of in landfills. (Pub. Resources Code, § 40000, subds. (a), (b).) Existing landfills were filled almost to capacity and there was no coherent plan…