G. Fruge Junk Co. v. City of Oakland

MEMORANDUM OF OPINION AND ORDER

All defendants move for summary judgment on this complaint which attacks defendant Cities’ exclusive franchising ordinances for solid waste handling and action taken under them by defendant franchisee. Because there is neither legal nor factual support for any of plaintiff’s claims, and no material facts are in dispute, the motion must be granted.

Facts

Plaintiff is a sole proprietorship engaged in the business of hauling, segregating, and recycling solid waste, and operating a recycling plant in Hayward, California. It brings this action for a declaratory judgment that ordinances of defendants Oakland and San Leandro authorizing exclusive franchises for the hauling and disposal of non-recyclable solid waste are void as violative of the Fourteenth Amendment due process and equal protection clauses. It also challenges the ordinances as inconsistent with the state Solid Waste Management and Resource Recovery Act of 1972 (SWMRRA), Cal.Gov.Code § 66700 et seq. Plaintiff seeks an injunction against the ordinances’ enforcement, and injunctive and monetary relief against defendant Oakland Scavenger Co., the exclusive franchisee of defendant City of…