Bean v. Southwestern Waste Management Corp. - Significance, Waste Management In Houston, Laches And State Action, Impact, Further Readings

Bean v. Southwestern Waste Management Corp. - Further Readings

Bean v. Southwestern Waste Management Corp. - Significance

The decision established various factors that must be met by an individual in successfully charging that a land use decision is discriminatory. An intent to discriminate must be demonstrated. Decisions that may appear poorly based to some people are not necessarily unconstitutional or illegal. The requirement to establish intent was much more difficult than simply showing that the effects of a gov…

Bean v. Southwestern Waste Management Corp. - Waste Management In Houston

Bean v. Southwestern Waste Management Corp. - Laches And State Action

The district court first addressed Southwestern's motion to dismiss the lawsuit and arguments concerning procedural matters. Then the court would consider Bean's request for a preliminary injunction. Judge McDonald, writing for the court, ruled against Southwestern's procedural argument. He pointed out that the Solid Waste Disposal Act allowed revoking a permit through rehearings only in regard to…

Bean v. Southwestern Waste Management Corp. - Impact

Bean represented a classic example of citizens fighting the placement of public facilities in their community or neighborhood based on constitutional allegations. Such facilities were often placed in low-income, inner-city, ethnic neighborhoods. However, the Bean decision highlighted that what may be considered poor governmental decisions in some situations were not necessarily unlawful. Bean also…