Sal Tinnerello & Sons, Inc. v. Town of Stonington

Brief of Plaintiff-Appellant

more+
less-

This is the appellate brief filed by the plaintiff in an action to prevent defendants from enforcing an ordinance creating a Resource Recovery Authority and granting a monopoly to its chosen waste disposal company. The plaintiff argued that the ordinance violated the Contract Clause and the Commerce Clause of the United States Constitution. The issues addressed on appeal are:

1. Whether the District Court erred as a matter of law in holding that the Town’s violation of the Contract Clause was remedial by money damages.

2. Whether the District Court erred as a matter of law in holding that plaintiff business, which had never previously been regulated, was on notice that the Town could supplant its garbage collection business at any time for fiscal reasons.

3. Whether the District Court applied an erroneous standard to determine whether the Town’s impairment of plaintiff’s contracts was justified by a significant public purpose.

4. Whether the District Court erred as a matter of fact and law in holding that the Town met its burden to demonstrate that the ordinance was supported by a significant public purpose.

5. Whether the District Court erred as a matter of law in holding that the ordinance accomplished its purpose in a reasonable and appropriate manner.

6. Whether the District Court erred as a matter of law in holding that Babylon precluded plaintiff’s Commerce Clause claim for preliminary injunction.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Appellate Brief | Federal, 2nd Circuit | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Aviva Cuyler, JD Supra, LLC | Attorney Advertising

Written by:

more+
less-

JD Supra, LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×