Legal Question in Business Law in Pennsylvania

The township in which I live has an ordinance forcing its residents to use 1 trash hauler only. The trash company is almost 2x as expensive as other trash haulers in the county.

My question is this: How is it legal to force a monopoly on the residents?


Asked on 8/14/11, 8:37 am

1 Answer from Attorneys

Sharmil McKee McKee Law Office

On the surface, it sounds like the ordinance may be unconstitutional. You have two options. You can challenge the ordinance in court as a violation of the federal and state constitution on grounds that it is interfering with interstate commerce. You can also try to change the ordinance through political strategy. Contact your neighbors, the media, and your local council members. In these situations, the squeaky wheel gets the oil. Based on the information in your question, I recommend the political strategy, because it is cheaper and courts are reluctant to undue legislative actions.

Good luck.

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Answered on 8/14/11, 3:54 pm


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