United States Sixth Circuit
Sheffield v. City of Fort Thomas, 09-5619
In plaintiff's suit against a city and various city officials in their official and individual capacities, claiming that several of the city's ordinances related to controlling deer population, violate the United States and Kentucky Constitutions and that the ordinances are preempted by Kentucky state statutes and administrative regulations, district court's judgment in affirmed in part, reversed in part and remanded where: 1) the Bow-and-Arrow Ordinance is not preempted; 2) the Field-Dressing Ordinance is not preempted by Chapter 150; 3) although 301 Ky. Admin. Regs. 2:-015 has preemptive force and the Deer-Feeding Ordinance is preempted insofar as it purports to ban deer-feeding within the curtilage of Fort Thomas homes, the ordinance is not preempted in its entirety, as it is a legitimate exercise of municipal authority as applied to deer-feeding outside the curtilage of the home; 4) plaintiff's substantive due process challenge to the Bow-and-Arrow Ordinance is rejected; and 5) the Deer-Feeding Ordinance is not unconstitutionally vague.
Appellate Information
- Argued 06/15/2010
- Decided 09/03/2010
- Published 09/03/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Robert E. Blau, Jeffrey C. Mando