IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISIONNATIONAL SOLID WASTESMANAGEMENT ASSOCIATION, etal.,Plaintiffs,v.THE CITY OF DALLAS, et al., Defendants.§§§§§§§§§§§§§Civil Action No. 3:11-cv-3200-OMEMORANDUM OPINION AND ORDER
Plaintiffs filed this suit against The City of Dallas (the “City”), Mayor Mike Rawlings, and
City Council members Pauline Medrano, Tennell Atkins, Dwaine Caraway, Monica Alonzo, CarolynDavis, Jerry Allen, Linda Koop, and Angela Hunt. The amended complaint alleges that Defendantsviolated Plaintiffs’ state and federal constitutional rights, as well as the City Charter, whenDefendants passed City Ordinance No. 28427 (hereinafter referred to as the “Flow Control
The Plaintiffs to this action may be categorized as follows. The following Plaintiffs, referred to as the
Franchisees, have Franchise Agreements with the City for solid waste collection services: Bluebonnet Waste Control,Inc. (“Bluebonnet”); IESI TX Corporation (“IESI”); Republic Waste Services of Texas, Ltd. (“Republic”); Allied WasteSystem, Inc. (“Allied”); and Waste Management of Texas, Inc. (“WMTI”). With the exception of Plaintiff IESI, eachFranchisee also owns or operates a landfill, Materials Recovery Facility (“MRF”), or other recycling facility. None of the Franchisees’ landfills are located within the City. However, the Franchisees have recovery facilities and MRFslocated both inside and outside of Dallas. Plaintiff Camelot Landfill, TX, LP is a non-Franchisee affiliate of the Republicand Allied Plaintiffs, and operates a landfill outside the City. The remaining Plaintiffs—National Solid WastesManagement Association and Business Against Flow Control—are non-Franchisee associations whose members includecertain Franchisees, waste haulers, and waste generators, among others.
Am. Compl. ¶¶ 7-17, ECF No. 36.
Case 3:11-cv-03200-O Document 77 Filed 10/16/12 Page 1 of 37 PageID 1785