Thursday, September 18, 2008

11th Circuit Upholds District Ct Holding in Islamorada "Formula Retail" Case

In Island Silver & Spice v. Islamorada, the 11th Circuit upheld the District Court's determination that the Village of Islamorada's "formula retail" ordinance violated the commerce clause.

While the Court doesn't open a door wide for a new way to attack land use restrictions wholesale (and the reach may be limited by the type of facts to which the city stipulated), this opinion needs to be studied by government and private attorneys alike.

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