Hancock Industries v. Schaeffer, Civ. A. No. 85-3158.

• Decision Date: 09 December 1985
• Docket Number: Civ. A. No. 85-3158.
• Citation: 625 F. Supp. 373
• Parties: HANCOCK INDUSTRIES, et al. v. Erik J. SCHAEFFER, et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

625 F. Supp. 373

HANCOCK INDUSTRIES, et al. v. Erik J. SCHAEFFER, et al.

Civ. A. No. 85-3158.

United States District Court, E.D. Pennsylvania.

December 9, 1985.

Nolan N. Atkinson, Jr., Philadelphia, Pa., for plaintiffs.

Joseph A. Tate, Stephen D. Brown, Alison M. Benders, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for J. Erik Schaeffer and Chester County Solid Waste Authority.

Francis P. Connors, County Sol., Michael J. Ehling, Asst. County Sol., Media, Pa., for Delaware County.

Michael F.X. Gillin, Halligan & Gillin, Media, Pa., for Victor Petaccio and Delaware County Incinerator (Solid Waste) Authority.

MEMORANDUM OPINION AND ORDER

HUYETT, District Judge.

On July 5, 1985, following a hearing on plaintiffs' motion for preliminary injunction and argument on defendants' motions for summary judgment, I denied the preliminary injunction motion and granted summary judgment in favor of defendants as to plaintiffs' due process and antitrust claims. I granted plaintiffs thirty days to conduct discovery as to their equal protection claims. Presently pending before me are defendants J. Erik Schaeffer, Chester County Solid Waste Authority ("Authority") and Chester County's renewed motions for summary judgment as to plaintiffs' equal protection claim.

As I noted in my opinion of August 5, 1985, 619 F.Supp. 322, because there is no suspect classification involved and plaintiffs do not have a fundamental right to engage in their businesses, defendants must merely show that there is a rational relationship between the classification and a legitimate state interest. Both the Chester County Solid Waste Authority and the Delaware County Incinerator (Solid Waste) Authority have decided to limit the dumping at their respective landfills to the trash generated within the county with an exception for certain long-term contracts providing for the dumping of out-of-county trash; the classification created therefore is that consisting of out-of-county trash. The interests which defendants have identified are the interests of each county involved in providing for the disposal of trash generated within that county.

Under state law, i.e., the Solid Waste Management Act, 35 P.S. § 6018.202(a), each county is required to provide for the collection, transportation, processing and disposal of municipal waste generated within its boundaries. Plaintiffs, apparently, do not dispute that the proper disposal of county trash is a legitimate state interest. Rather, they dispute the conclusion that the Authority's actions were rationally related to that interest.

Defendants contend that the closure of the Lanchester Landfill to out-of-county trash is rationally related to the interest in maintaining an available means of providing for the disposal of in-county trash. In support of their respective motions for summary judgment, defendants contend that there are no material issues of fact which would preclude entry of judgment as a matter of law pursuant to Fed.R.Civ.P. 56.

Summary judgment may only be granted when it has been established that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Small v. Seldows Stationery, 617 F.2d 992 (3d Cir.1980). The court does not decide issues of fact, but merely determines if there is an issue of fact to be tried. Ettinger v. Johnson, 556 F.2d 692 (3d Cir.1977). The facts must be viewed in the light most favorable to the non-moving party and any reasonable doubt as to the existence of a genuine issue of fact is to be resolved against the moving parties. Continental Ins. Co. v. Brodie, 682 F.2d 436 (3d Cir. 1982).

In response to defendants' renewed motions for summary judgment, plaintiffs contend that there are a number of material factual issues in dispute which preclude the entry of judgment at this time.¹ I will address each of plaintiffs' contentions in seriatim. First, plaintiffs contend that certain documentary evidence contradicts the testimony of two defense witnesses to the effect that the Chester Authority acted independently of both Chester County and the Delaware County defendants in deciding to close the Lanchester Landfill to out-of-county trash. Plaintiffs refer to a confidential memorandum dated April 25, 1985 from Chester County Bureau of Environmental Health and Protection Director, David A. Jackson and Chester County Solid Waste Coordinator, Carole A. Rubley to Larry Boling, Chairman of the Authority with a carbon copy to defendant Eric Schaeffer, in which they noted that Delaware County's Colebrookdale Landfill was to be closed to out-of-county trash and then suggested that the Chester Authority consider taking the same steps. Plaintiffs contend that this memorandum reflects the fact that Mr. Schaeffer knew of Delaware County's plans despite his testimony to the contrary. I do not believe that this factual dispute is at all material to the legal issue raised by the motions for summary judgment which is whether the classification created by defendants is rationally related to their legitimate interest in providing for the disposal of in-county trash. Moreover, I am not sure the discrepancy of plaintiffs suggest is that great if it exists at all. Despite the fact that they attached it to their complaint, plaintiffs ignore a memorandum dated March 29, 1985 from Mr. Schaeffer to all haulers in which Mr. Schaeffer stated that there was a possibility that due to high waste volume, out-of county trash would not be accepted after June 30, 1985. Therefore, Mr. Schaeffer and...