Legal Opinion

Sharkey's, Inc. v. City of Waukesha

District Court, E.D. Wisconsin

Decided May 22, 2003No. 02-C-618PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER

ADELMAN, District Judge.

I. PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff Sharkey’s, Inc. brings this action against defendant City of Waukesha pursuant to 42 U.S.C. § 1983 seeking a declaratory judgment that the City’s noise ordinances, sections 9:11(21) and 12:05(10) of its municipal code, are facially unconstitutional. Plaintiff argues that the ordinances violate due process because they are vague and violate the First Amendment because they are not narrowly tailored. Both parties now move for summary judgment.

The facts are undisputed. Plaintiff, licensed ás a Class B…

2Cases cited47 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  4. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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3Cited by7 opinions

  1. Ahern v. City of SyracuseDistrict Court, N.D. New York · 2006
  2. Act Now to Stop War and End Racism Coalition v. District of ColumbiaDistrict Court, District of Columbia · 2012
  3. Mannix v. PhillipsDistrict Court, S.D. New York · 2005
  4. City of Wichita v. GriffieSupreme Court of Kansas · 2024
  5. CONGELOSI v. MillerDistrict Court, W.D. New York · 2009

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