Legal Opinion · Concurrence

Holt's Cigar Co. v. City of Philadelphia

Supreme Court of Pennsylvania

Decided January 19, 2011No. 27 EAP 2009, 28 EAP 2009Published

1ConcurrenceJustice Saylor

I join the majority opinion, subject only to the following, modest comments and reservations. Initially, I find Mr. Chief *167Justice Castille’s dissent to be very effective in making the point that there are circumstances in which more restrictive measures by a home-rule local government — on account of pressing local concerns — may be regarded as consistent with broader statutory schemes establishing some minimal standards of conduct. Cf. Leibowitz v. City of Mineola, Tex., 660 F.Supp.2d 775, 788 (E.D.Tex.2009) (finding that a local dog-restraint ordinance more restrictive than standards set by…

2Cases cited2 opinions

  1. Holt's Cigar Co., Inc. v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 2008
  2. Leibowitz v. CITY OF MINEOLA, TEX.District Court, E.D. Texas · 2009

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