Legal Opinion

Sherbrooke Turf, Inc. v. Minnesota Department of Transportation

Court of Appeals for the Eighth Circuit

Decided October 6, 2003No. 02-1665, 02-3016PublishedCited by 7 opinions

1Opinion of the Court

LOKEN, Chief Judge.

Since 1982, the federal highway statutes have required that ten percent of federal highway construction funds be paid to small businesses owned and controlled by “socially and economically disadvantaged individuals,” as that term is defined in § 8(d) of the Small Business Act (15 U.S.C. § 637). See Surface Transportation Assistance Act of 1982, Pub.L. No. 97-424, § 105®, 96 Stat.2097, 2100. Two non-minority contractors filed these separate actions challenging the current statute and Department of Transportation (DOT) regulations, as implemented in Minnesota and Nebraska. In…

2Cases cited18 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  4. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  5. Fullilove v. KlutznickSupreme Court of the United States · 1980

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3Cited by7 opinions

  1. Western States Paving Co., Inc. v. Washington State Department Of TransportationCourt of Appeals for the Ninth Circuit · 2005
  2. Western States Paving Co. v. Washington State Department of TransportationCourt of Appeals for the Ninth Circuit · 2005
  3. Builders Ass'n of Greater Chicago v. City of ChicagoDistrict Court, N.D. Illinois · 2003
  4. Geod Corporation v. New Jersey Transit CorporationDistrict Court, D. New Jersey · 2010
  5. Sherbrooke Turf, Inc. v. Minnesota Department of Transportation, United States of America, Intervenor Gross Seed Company v. Nebraska Department of Roads, United States Department of Transportation, IntervenorCourt of Appeals for the Eighth Circuit · 2003

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