Sandlands C&D LLC v. Horry County, No. 13-1134 (4th Cir. 2013)Annotate this Case
Sandlands and EDS challenged the validity of Horry County's Flow Control Ordinance. The Ordinance prohibits disposal of waste generated in the county at any site other than a designated publicly owned landfill. The court affirmed the district court's grant of summary judgment in favor of the county, concluding that the Ordinance did not violate the Dormant Commerce Clause because the Ordinance provides the same types of benefits and imposes the same types of burdens as the ordinances upheld in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority. Further, the Ordinance did not violate the Equal Protection Clause because Sandlands and EDS have failed to show that they have been intentionally treated differently from other similarly situated companies.