Legal Opinion

LCM Enterprises, Inc. v. Town of Dartmouth

Court of Appeals for the First Circuit

Decided January 28, 1994No. 93-1536PublishedCited by 34 opinions

1Opinion of the Court

TORRUELLA, Circuit Judge.

This case presents the question of whether a town’s disparate harbor usage fees between residents and nonresidents violates the Fourteenth Amendment of the Constitution. Plaintiffs-appellants, LCM Enterprises, Inc. (“LCM”) and Robert Capobianco, 1 brought this action against the town of Dartmouth, Massachusetts, its Board of Selectmen, and its Waterways Advisory Committee in the United States District Court for the District of Massachusetts. Appellants challenge the constitutionality of Dartmouth’s usage fees which are assessed on boats that the appellants keep moored…

2Cases cited25 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  4. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  5. City of New Orleans v. DukesSupreme Court of the United States · 1976

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3Cited by34 opinions

  1. Medeiros v. Atlantic States MariCourt of Appeals for the First Circuit · 2005
  2. Barber v. Hawai'iCourt of Appeals for the Ninth Circuit · 1994
  3. Fireside Nissan, Inc. v. Daniel P. Fanning, Director, Department of Transportation for State of Rhode IslandCourt of Appeals for the First Circuit · 1994
  4. Randal T. Barber, and Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i United States of America, and United States of America, Hawaiian Navigable Waters Preservation Society, a Non Profit Corporation and on Behalf of Its Members and All Others Similarly Situated v. State of Hawai'i Rex Johnson, in His Capacity as Director of Hawai'i Department of TransportationCourt of Appeals for the Ninth Circuit · 1994
  5. Jake's, Ltd., Inc. Richard J. Jacobson v. City of CoatesCourt of Appeals for the Eighth Circuit · 2002

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