1. Why did the Village of Islamorado pass this ordinance restricting the location of certain businesses within...

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1. Why did the Village of Islamorado pass this ordinance restricting the location of certain businesses within the village limits? What governmental purpose was this ordinance intended to promote? Is that a legitimate purpose for a local government to pursue?
2. The Commerce Clause of the U.S. Constitution gives Congress the right to regulate commerce among the states. This case deals with the “Dormant Commerce Clause.” How does the court define the “Dormant Commerce Clause”?
3. The court describes a two-part test for evaluating whether ordinances violate the Dormant Commerce Clause. What is that test? Which part of the test did the Village’s ordinance violate? What would the Village need to show in order for its ordinance to be valid?

Defendant-Appellant Islamorada, Village of Islands (“Islamorada”) appeals from a judgment of the United States District Court for the Southern District of Florida granting injunctive and monetary relief in favor of Plaintiffs-Appellees Island Silver & Spice, Inc., Glenn S. Saiger, and Virginia Saiger (collectively “Island Silver”) and invalidating an Islamorada zoning ordinance’s “formula retail” restrictions as violations of the Dormant Commerce Clause. We affirm the judgment of the district court.

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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