Read Associated Builders & Contractors v. Miami-Dade Cty., 08-13549

In an action seeking to enjoin as preempted by federal law a county ordinance setting binding regulations for the construction, installation, operation, and use of tower cranes, personnel, and material hoists, an injunction in favor of plaintiffs is affirmed where the wind load standards in the ordinance were "occupational safety or health" regulations, and were thus preempted by the Occupational Safety and Health Act.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

• PER CURIAM:, Before EDMONDSON, BIRCH and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Eduardo W. Gonzalez, Craig Edward Leen, Miami, FL, for Defendant-Appellant., Brian A. Wolf, Maura K. Anderson, Smith, Currie & Hancock, LLP, Ft. Lauderdale, FL, for Plaintiffs-Appellees.