Facts
Town
sued operators of recycling facility to enjoin them from violating local
ordinance requiring that solid waste processed or handled within town be
processed or handled at town's transfer station.
The Appellate Division,
Supreme Court of New York, Second Judicial Department, affirmed grant of summary judgment for town. Certiorari
was granted.
Holding
The
Supreme Court held that:
(1)
ordinance regulated interstate commerce, and
(2)
ordinance impermissibly discriminated against interstate commerce.
Reversed
and remanded.
