City of Marco Island v. Dumas, 34 Fla. L. Weekly D1015 (Fla. 2d DCA 2009)
Anti-cruiser, anti-liveaboard ordinances are a pet peeve of mine, having grown up living and cruising on boats. The City of Marco Island criminally prosecuted David Dumas for anchoring his boat within 300 feet of a residential property. (note – this is probably preempted under a recent statute). These types of ordinances implicate and generally violate the commerce clause of the US Constitution, which allows free navigation of all navigable waters of the United States, subject only to Congressional regulation.
So when prosecuted, Dumas filed a motion to dismiss based on the violation of the US Constitution and – not shocking – won the motion. The Court later dismissed the charge formally. The City appealed to circuit court, and Dumas claimed it was too late This turns into a question of when the order was final, and the 2d DCA agreed with the City.
Not that the City should win its appeal.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Hai, 6 tháng 7, 2009
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét