United States Eleventh Circuit

In a challenge to zoning ordinances on the grounds that the "formula restaurant" provisions violated Dormant Commerce Clause, grant of dismissal in favor of defendant-village is reversed and remanded where the complaint adequately stated a claim for relief and district court did not fully consider: 1) whether the ordinance's stated interests constitute a legitimate local purpose; 2) whether the prohibition of formula restaurants adequately serves such purpose; or 3) whether defendant-village could demonstrate the unavailability of nondiscriminatory alternatives such as zoning ordinances or building codes to fulfill the same needs.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

Court

• United States Eleventh Circuit

Counsel