A request by Pahrump Valley Disposal for a court injunction to prevent Mr. Clean Construction Cleanup from putting out dumpsters for construction debris has led to counterattacks, with Mr. Clean charging that town agreements with Pahrump Valley Disposal violate interstate commerce laws and favor economic protectionism.

The request for an injunction is scheduled in Fifth District Court Nov. 13.

John Shea, vice-president of Pahrump Valley Disposal, said he bought Astro Disposal, which was owned by former Nye County Commissioner Cameron McRae in 1998. The company executed franchise agreements with the Pahrump town board in 1998 and 2003.

In 2005, Shea said Mr. Clean Construction Cleanup began placing dumpsters to collect construction debris in violation of Pahrump Town Ordinance No. 43, which gives his company the exclusive right to collect garbage.

"Court's the last thing we wanted to do," Shea said. "They're making all kinds of accusations about the way we do business and to muddy the waters to take attention off the real issue, which is the ordinance violation."

Mr. Clean's attorney, Mark Ferrario, in his opposition to the request for a preliminary injunction, thundered back, "The present case involves an insidious, unlawful and unconstitutional form of economic protectionism and favoritism between the town of Pahrump and its preferred, local, solid waste hauler, Pahrump Valley Disposal."

He said Pahrump Valley Disposal, through a "legally deficient" franchise pact put forward by the town, "is attempting to drive its competition out of business and save for itself all money derived from the collection and disposal of solid waste in Pahrump."

Ferrario said Mr. Clean, prior to the passage of the Pahrump ordinance in October 2003, had operated a construction debris collection and disposal service. The company obtained the appropriate licenses required by the town. But beginning in the late summer of 2005, Mr. Clean began receiving correspondence from attorneys for Pahrump Valley Disposal, claiming infringement upon the company's exclusive franchise.

Ferrario charges Pahrump Town Ordinance No. 43 violates the commerce clause of the U.S. Constitution, thus the town solid waste franchise agreement is unenforceable.

"Any ordinance that deprives out-of-state businesses access to a local market for the processing of garbage discriminates against interstate commerce," Ferrario wrote in court documents.

He said when the town of Pahrump approved the solid waste franchise agreement it amended the contract to Pahrump Valley Disposal without competitive bidding.

Ferrario said Pahrump "manipulated the market in favor of a local operator. The stated policy of Nye County allows for competition in the field of construction cleanup which in turn creates competitive pricing and provides the citizens of Pahrump with a choice for those services."

Ron Green, lead attorney for Pahrump Valley Disposal, said the agreement between the town and his company doesn't violate the commerce clause since his company is not engaged in interstate commerce. However, Mr. Clean filed documents claiming they filmed Pahrump Valley Disposal trucks collecting garbage in Shoshone, Calif.

Shea said Inyo County, Calif., closed its landfill eight or nine years ago and has been sending its garbage to the Pahrump landfill. Nye County Commissioners were set to vote this week on an agreement to raise the rates for accepting out-of-state garbage or no longer accept it. Shea said that bill isn't related to the lawsuit, but is merely an attempt to save space in the Pahrump landfill.

Green argues in court documents that state law permits the Nye County Commissioners to displace or limit competition in the collection and disposal of garbage and other waste.

"A municipal franchise agreement limiting competition in the field of waste disposal is common and enforceable," Green wrote.

Shea said having one company to manage a community's garbage is a common practice.

The franchise fee allows Pahrump Valley Disposal 5 percent of the gross receipts. Residential subscribers pay $11.25 per month for garbage collected once per week.

Ferrario, in court pleadings, argued, "The public will be harmed if this court grants the present motion, drives Mr. Clean out of business and allows Pahrump Valley Disposal to dictate the cost of construction cleanup services in Pahrump without a competitive check on its pricing."

But Green argued, "Mr. Clean Construction Cleanup once again loudly trumpets its utterly false assertion that Pahrump Valley Disposal is attempting to wrongfully and illegally drive its competition out of the construction and demolition debris collection and removal business."

Mr. Clean's attorneys are tying in Southwest Environmental Services, operator of the Pahrump landfill. Shea said he's part owner of that company.

Pahrump Valley Disposal attorneys say the preliminary injunction has nothing to do with the Pahrump landfill or Southwest Environmental Services. In a court statement, Shea claimed the true intent of the owners of Mr. Clean Construction Cleanup, Rene Morales and Fernando Chiadez, is to find bad acts that will allow Mr. Clean to take over operation of the Pahrump landfill. Shea said the Nye County Public Works Director has acknowledged Pahrump Valley Disposal has paid all tipping fees due to Southwest Environmental Services.

Green said Pahrump granted Mr. Clean no more than a handy man's business license, not a license to collect and haul waste. The injunction wouldn't prevent Mr. Clean from weed removal, lawn maintenance or handy man work, he said. Shea said the company could even continue collecting construction debris but wouldn't be allowed to place dumpsters.