Washington-Summers, Inc. v. City of Charleston

MEMORANDUM ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANT

COPENHAVER, District Judge.

This is an action brought pursuant to 28 U.S.C. §§ 2201, 2202 (1970) for a declaratory judgment wherein plaintiff, Washington-Summers, Inc., seeks an adjudication that W.Va.Code, § 8-16-4a (1976), and Charleston, W.Va., Ordinance No. 1993, as amended (February 8,1977) of the defendant, City of Charleston, are unconstitutional under the Fourteenth Amendment of the Constitution of the United States. At the time this suit was filed the ordinance was not yet effective. Shortly thereafter, however, the defendant…