Legal Opinion

Bean v. McWherter

Court of Appeals of Tennessee

Decided December 3, 1999PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BEN H. CANTRELL, Presiding Judge, M.S.

This is a constitutional challenge to an Act of the legislature regulating the possession and sale of animals. Owners, dealers, and licensed propagators of various wildlife species challenged the Act on grounds that it is vague, overbroad, and a burden on interstate commerce. The Chancery Court of Davidson County rejected the constitutional challenge. We affirm the decision on the vagueness and overbreadth charge. We think, however, that there are disputed facts bearing on the question of whether parts of the Act impermissibly burden interstate…

2Cases cited10 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. United States v. LanierSupreme Court of the United States · 1997
  3. Lewis v. BT Investment Managers, Inc.Supreme Court of the United States · 1980
  4. Davis-Kidd Booksellers, Inc. v. McWherterTennessee Supreme Court · 1993
  5. Fletcher v. StateTennessee Supreme Court · 1997

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3Cited by1 opinion

  1. Smith County v. Dave EnochCourt of Appeals of Tennessee · 2003

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