Legal Question in Construction Law in California

Is a Private Monopoly, Granted by a City, Regarding Rental of Landfill Dumpster

My Uncle is a general contractor. Being the lowest bidder, he was

awarded a demolition contract. Upon commencing the job, he has been

informed that there is a city ordinance stipulating that any significant

amount of rubbish destined for the city landfill is to be removed using

bins provided by one private contractor.

Although my uncle owns his own equipment and bins, he has been told

that in the event he does not comply, he will be met with immediate

force via the local sheriff, police, etc.

Is such a law either constitutional or binding? What is his legal recourse?


Asked on 5/21/01, 5:38 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is a Private Monopoly, Granted by a City, Regarding Rental of Landfill Dump

The important fact here is that the City owns the landfill. Your uncle should consider other legal disposal sites if he wishes to use his own boxes.

I question whether the police or sheriff can use "immediate force," however. Most likely he would just be refused admission to the City landfill. Any greater use of force would probably be excessive and subject the law enforcement people to possible liability.

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Answered on 6/27/01, 1:31 pm


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