Legal Opinion

United States v. City of Pittsburg, Cal.

District Court, N.D. California

Decided April 2, 1979No. C-78-2910-WWSPublishedCited by 6 opinions

1Opinion of the Court

ORDER GRANTING SUMMARY JUDGMENT

WILLIAM W. SCHWARZER, District Judge.

In this action, the United States and the United States Postal Service seek declaratory and injunctive relief against enforcement of a recent amendment to an ordinance of the City of Pittsburg, California, which purports to prohibit letter carriers from crossing private lawns without the prior consent of the owner or occupant of the property. The amendment complained of added the second paragraph to the City’s general trespass ordinance, which now states:

9.64.010. Trespassing on Private Property-

It is unlawful for any person…

2Cases cited14 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  4. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  5. Ex Parte JacksonSupreme Court of the United States · 1878

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3Cited by6 opinions

  1. Sexton v. Public Service CommissionWest Virginia Supreme Court · 1992
  2. United States v. City Of PittsburgCourt of Appeals for the Ninth Circuit · 1981
  3. United States v. City of PittsburgCourt of Appeals for the Ninth Circuit · 1981
  4. Stewart v. United States Postal ServiceDistrict Court, N.D. California · 1980
  5. Chicago Board of Realtors v. City of ChicagoDistrict Court, N.D. Illinois · 1987

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