City of Laredo v. Laredo Merchants Association
Texas Supreme Court
550 S.W.3d 586 (2018)
- Written by Alex Ruskell, JD
Facts
As a step in its plan to become a trash-free city, the City of Laredo (city) (defendant) adopted an ordinance that made it unlawful to sell or use one-time-use plastic and paper bags. The Laredo Merchants Association sued, arguing that the city’s ordinance was preempted by the Texas Solid Waste Disposal Act, which stated that “a local government . . . may not adopt an ordinance . . . to . . . prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.” The trial court ruled in the city’s favor, but the appeals court reversed and found that the ordinance was preempted by the act. The city appealed to the Texas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Hecht, C.J.)
Concurrence (Guzman, J.)
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