Legal Opinion

City of Charleston v. a Fisherman's Best, Inc.

Court of Appeals for the Fourth Circuit

Decided November 6, 2002No. 99-1991PublishedCited by 1 opinion

1Opinion of the Court

Reversed and remanded by published opinion. Senior Judge GODBOLD wrote the majority opinion, in which Judge MOTZ joined. Judge LUTTIG wrote a dissenting opinion.

*159OPINION

GODBOLD, Senior Circuit Judge.

I. Background

This appeal concerns whether federal law preempts a resolution of the City Council of the City of Charleston, South Carolina enacted July 21, 1998, relating to its Maritime Center docks. The resolution included these prohibitions, which we have numbered for convenience:

[Par. 1]: “the use of the Charleston Maritime Center and its appurtenant facilities is hereby prohibited to fishing…

2Cases cited26 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  4. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  5. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984

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3Cited by1 opinion

  1. City Of Charleston, South Carolina v. A Fisherman's Best, Inc.Court of Appeals for the Fourth Circuit · 2002

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