Pride Disposal Co. v. Valet Waste, LLC

"[T]he 'collection' and 'transportation' of garbage. . . occurs when an approved collection container is collected from a designated pickup point by. . . collection vehicles on the scheduled day and then transported over the city streets to an authorized facility" [under the Tigard Municipal Code].

Plaintiff appealed a summary judgment motion in an exclusive solid waste transportation franchise dispute. Plaintiff assigned error to the trial court's grant of summary judgment to Valet. Plaintiff argued that Valet's doorstep garbage service was a "service" as defined by municipal codes and therefore had to be franchised in the city under Tigard Municipal Code (TMC) § 11.04.020(B)(1) and Sherwood Municipal Code (SMC) § 8.20.020(B)(1). On appeal, Valet argued it did not provide "a service" in violation of the codes because it was "simply moving garbage 'on private property' to the compactors from which it is collected and transported by Pride," and therefore did not violate Pride's exclusive franchise right.  "[T]he 'collection' and 'transportation' of garbage. . . occurs when an approved collection container is collected from a designated pickup point by. . . collection vehicles on the scheduled day and then transported over the city streets to an authorized facility" [under the TMC]. The Court held that under the TMC, and the similar SMCs, Pride was not given the exclusive right to gather garbage on a person's private property and then move it to an on-site collection container; therefore, the trial court did not err when it granted the motion for summary judgment. 

Affirmed.