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The owner of a Claypool landfill claims that a local board's ruling that he not accept out-of-state trash violates the commerce clause of the U.S. Constitution.
Dan Ransbottom and Ransbottom Excavating Inc. are the plaintiffs in a lawsuit filed Wednesday against the Kosciusko County Board of Zoning Appeals.
The lawsuit states that the U.S. Supreme Court has declared that state and local restrictions on transportation of interstate solid waste which prohibit transportation of solid waste from one state to a dump site in another are in violation of the commerce clause.
The restriction was one of six placed on Ransbottom Feb. 22, 1989, when an addition to the existing landfill was approved by exception since the landfill is located in an agricultural district. The landfill is located on CR 800S, west of CR 300E, near Claypool.
Ransbottom is seeking that the court declare the condition of exception restricting out-of-state refuse unconstitutional and to order the BZA to revise the condition.
Attorney for the plaintiff is Stephen R. Snyder of Syracuse. The case is filed in Kosciusko Superior Court I.
