Legal Opinion
L.A.M. Recovery Inc. v. Department of Consumer Affairs
District Court, S.D. New York
Decided July 20, 2005No. 04 Civ. 0701(LAK)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Plaintiff, who was in the business of repossessing vehicles, now alleges that a city ordinance requiring tow truck operators to obtain a towing license violates the Commerce Clause of the U.S. Constitution. Defendants move for summary judgment dismissing the complaint.
Facts
Plaintiffs Dispute with the City
This Court already has dismissed two of plaintiffs three claims in a previous opinion, familiarity with which is assumed. 1 The following summarizes only those facts relevant to the current claim, facts that essentially are undisputed.
On February 8,…
2Cases cited41 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
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3Cited by3 opinions
- Manigaulte v. C.W. Post of Long Island UniversityDistrict Court, E.D. New York · 2009
- Town of Southold v. Town of East HamptonDistrict Court, E.D. New York · 2005
- Selevan v. New York Thruway AuthorityDistrict Court, N.D. New York · 2007