Wood Marine Service, Inc. v. City of Harahan

CLARK, Chief Judge:

The City of Harahan, Louisiana appeals from an order of the District Court for the Eastern District of Louisiana permanently enjoining the enforcement of Harahan’s comprehensive zoning ordinance on the ground that the ordinance violates the Commerce Clause of the United States Constitution by burdening trade on the Mississippi River. Finding no impermissible burden on interstate commerce, we reverse the lower court’s decision and vacate the order granting permanent injunction.

I

A. The history of the challenged zoning ordinance.

Harahan, Louisiana borders on the Mississippi,…