Legal Opinion

Fisher v. City of Berkeley

Supreme Court of the United States

Decided April 28, 1986No. 84-1538PublishedCited by 200 opinions

1Opinion of the CourtJustice Marshall

The question presented here is whether a rent control ordinance enacted by a municipality pursuant to popular initiative is unconstitutional because pre-empted by the Sherman Act.

I

In June 1980, the electorate of the city of Berkeley, California, enacted an initiative entitled “Ordinance 5261-N. S., Rent Stabilization and Eviction for Good Cause Ordinance” *262(hereafter Ordinance). Section 3 of the Ordinance stated the measure’s purposes:1

“The purposes of this Ordinance are to regulate residential rent increases in the City of Berkeley and to protect tenants from unwarranted rent increases and…

2Cases cited19 opinions

  1. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
  4. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
  5. National Society of Professional Engineers v. United StatesSupreme Court of the United States · 1978

14 more not listed; retrieve them via the Exa API.

3Cited by200 opinions

  1. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
  2. City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991
  3. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors AssociationCourt of Appeals for the Ninth Circuit · 1987
  4. Sanders v. BrownCourt of Appeals for the Ninth Circuit · 2007
  5. Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996

195 more not listed; retrieve them via the Exa API.

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