ELR Citation: ELR 20223
No(s). 7879 (Md. Cir. Ct. Jan 21, 1972)

A county ordinance that forbids the sale of soft drinks, beer, and malt liquors in nonreturnable containers is a proper exercise of the country's delegated power to control the disposal of wastes and is not forbidden by a state statute which reserves to the state the power to regulate the manufacture and sale of alcoholic beverages. A state statute authorizing the State Comptroller to regulate the amount of deposit imposed on returnable containers by manufacturers and wholesalers does not preempt regulation of nonreturnable containers by county governments.

Counsel for Plaintiffs
Richard J. Wilkinson
3716 Court Place
Ellicott City, Maryland 21043

Counsel for Defendants
Gilbert Rosenthal Asst. Attorney General
Baltimore, Maryland

Thomas E. Lloyd
3716 Court Place
Ellicott City, Maryland 21043

JamesN. Vaughan
8370 Court Avenue
Ellicott City, Maryland 21043