Geo-Tech Reclamation Industries, Inc. v. Hamrick

1989

Court: Court of Appeals, 4th Circuit

Facts: W. Va. has statutes governing where solid waste dumps can be situated. One clause saus the Director of the DNR has the authority to deny a permit because it is "significantly adverse to public sentiment." A site was proposed, and it was denied.

Posture: Appeal from summary judgment saying that the clause is unconstitutional.

Issue: Is that clause unconstitutional?

Holding: Yes. Affirmed.

Rule: There's no rational basis for this.

Reasoning: This produces results at the whim of self interest, arbitrary local tastes, etc.

Dicta: