Court: |
Court of Appeals, 4th Circuit |
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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. |
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Posture: |
Appeal from summary judgment saying that the clause is unconstitutional. |
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Issue: |
Is that clause unconstitutional? |
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Holding: |
Yes. Affirmed. |
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Rule: |
There's no rational basis for this. |
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Reasoning: |
This produces results at the whim of self interest, arbitrary local
tastes, etc. |
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Dicta: |
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