United States Fifth Circuit

In a suit brought by a provider of non-consent towing services from private property against a city for declaratory relief and a permanent injunction to prevent enforcement of a penal ordinance regulating such activities, the court finds that the city ordinance is not preempted by federal law and, therefore, plaintiff did not meet the requirements for a permanent injunction.

Appellate Information

• Decided 08/09/2006
• Published 08/09/2006

Judges

• DENNIS, Circuit Judge:, Before KING, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James C. Mosser (argued), Byron Kevin Henry, Mosser Mallers, Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• James Bickford Pinson, Asst. City Atty. (argued), Jason G. Schuette, Asst. City Atty., Dallas, TX, for Defendant-Appellee.