Empire Waste Management v. Town of Windsor

MODIFICATION

GOVERNMENT

Statute granting governing body authority to grant exclusive franchise isn't violated by voter referendum. EMPIRE WASTE MANAGEMENT, Plaintiff and Appellant, v. TOWN OF WINDSOR, Defendant and Respondent. No. A079840 (Sonoma County Super. Ct. No. 215381) California Court of Appeal First Appellate District Division Four Filed November 24, 1998
THE COURT:
        It is ordered that the opinion filed herein on October 30, 1998, is modified as follows:

        (1) On page 5,* lines 14 and 15 are modified to read as follows:
                "government agency." The Act defines "local governing body" as "the legislative body of the city, county, or special district which has authority to provide solid waste handling services." (§ 40150.) This is quintessentially generic language. More than a dozen statutory definitions in other codes-some broad, some very specific-confirm that "governing body" has far from a fixed meaning.[fn. 3] We therefore

        (2) In footnote 3,** the fourth line from the bottom is modified to insert the word "other" between the words "To provisions" so that the line will now read:

                §§ 34205, 36073, 37854.) Two other provisions in the Public Resources Code define

        These modifications do not effect a change in the judgment.
        The petition for rehearing is denied.


*         See Daily Appellate Report of November 3, 1998, page 11282, column 1, paragraph 10, line 2.

** See Daily Appellate Report of November 3, 1998, page 11282, column 2, footnote 3, line 30.