Legal Opinion

E. Perry Iron & Metal Co. v. City of Portland

Supreme Judicial Court of Maine

Decided January 15, 2008PublishedCited by 6 opinions

1Opinion of the CourtMead, J.

[¶ 1] E. Perry Iron & Metal Co., Inc., appeals from a judgment of the Superior Court (Cumberland County, Délahanty, J.) entering judgment in favor of the City of Portland. It argues that the Superior Court incorrectly found the City’s scrap metal recycling facility ordinance was not preempted by state statute and was not unconstitutional under the Maine and U.S. Constitutions. We affirm the judgment.

I. BACKGROUND

[¶ 2] E. Perry Iron & Metal Co., Inc. has operated a scrap metal recycling facility in Portland for decades, and since the 1980s it has held an annual operating license from the City…

2Cases cited21 opinions

  1. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  2. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
  3. Tisei v. Town of OgunquitSupreme Judicial Court of Maine · 1985
  4. Gensheimer v. Town of PhippsburgSupreme Judicial Court of Maine · 2005
  5. Yerardi's Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen of the Town of RandolphCourt of Appeals for the First Circuit · 1991

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3Cited by6 opinions

  1. Dubois Livestock, Inc. v. Town of ArundelSupreme Judicial Court of Maine · 2014
  2. State of Maine v. Dan BrownSupreme Judicial Court of Maine · 2014
  3. Portland Pipe Line Corp. v. City of So. PortlandCourt of Appeals for the First Circuit · 2020
  4. Portland Pipe Line Corporation v. City of South PortlandSupreme Judicial Court of Maine · 2020
  5. ASSOCIATION TO PRESERVE AND PROTECT LOCAL LIVELIHOODS v. TOWN OF BAR HARBORDistrict Court, D. Maine · 2024

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