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Tuesday, September 09, 2008
Courts - Federal Court in Florida throws out anti-Starbucks-type zoning ordinances
The ILB has posted a number of entries about anti-big box zoning ordinances considered by Indiana communities. Today Howard Bashman of How Appealing notes two Florida district court opinions and an AP story that begins:
Federal appeals judges say zoning restrictions by Islamorada, Fla., to block chains such as Starbuck's and Walgreen's run counter to laws protecting interstate commerce.
In two cases before the 11th U.S. Circuit Court of Appeals, a three-judge panel ruled Monday against the Florida Keys town's "formula restaurant" prohibition and restrictions on size of "formula retail" establishments.
The court said the zoning code's effort to safeguard small, locally owned businesses failed to provide a "legitimate local purpose" that justifies favoring in-state interests over out-of-state interests.
Posted by Marcia Oddi on September 9, 2008 10:21 AM
Posted to Courts in general