Thursday, September 18, 2008

11th Cir Reverses District Court Decision NOT finding commece clause violation

in Cachia v Village of Islamorada, the 11th Circuit reversed a decision by a different district court judge that had dismissed a commerce clause claim against Islamorada's "formula retail" ordiance.

The 11th found the complaint stated a cause of action and remanded for proceedings. What will be interesting to see is whether the Plaintiff will be able to establish the critical facts at trial that were stipulated in Island Silver & Spice.

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