Clarkstown opposed the move, and the company then brought suit, raising the unconstitutionality of Clarkstown's "flow control ordinance," which required solid wastes that were not recyclable or hazardous to be deposited at a particular private company's transfer facility.
The town of Clarkstown refused to allow the move, prompting the company to take legal action against them. The company argued that Clarkstown's "regulatory measure" was unconstitutional because it forced certain solid waste disposal requirements on private companies.