Legal Opinion

State v. Sherbrooke

Court of Appeals of Minnesota

Decided September 25, 2001No. CX-01-120PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HALBROOKS, Judge.

Appellant argues the district court erred in finding that he violated Minn.Stat. § 169.80, subd. 2 (1998), by unlawfully operating an overly wide vehicle on a state highway. Appellant contends that an airplane is not a “vehicle” for purposes of the traffic-safety statutes and that federal regulations preempt state law in the area of aircraft operation. Because the statute is not preempted by federal regulations and the term “vehicle” is defined broadly enough to include an airplane, we affirm.

FACTS

Appellant David W. Sherbrooke, a landscaper, flew his aircraft to visit…

2Cases cited22 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. American Airlines, Inc. v. WolensSupreme Court of the United States · 1995
  4. City of Burbank v. Lockheed Air Terminal, Inc.Supreme Court of the United States · 1973
  5. Delta Air Lines, Inc., Plaintiff-Counter-Claimant, Cross v. Air Line Pilots Association, International, Defendant-Counter-Claimant, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by2 opinions

  1. Thul v. StateCourt of Appeals of Minnesota · 2003
  2. Hughes v. Eleventh Judicial Circuit of FloridaDistrict Court, S.D. Florida · 2003

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