Quimbee logo
DMCA.com Protection Status

Island Silver & Spice, Inc. v. Islamorada

542 F.3d 844 (2008)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Island Silver & Spice, Inc. v. Islamorada

United States Court of Appeals for the Eleventh Circuit

542 F.3d 844 (2008)

Facts

In January 2002, Islamorada (defendant) enacted Ordinance 02-02 (the ordinance), which restricted formula retail establishments to limited street-level frontage and total square footage. Formula retail establishments were defined as retail sales establishments that were required to maintain standardized services or merchandise, trademark, logo, service mark, décor, uniforms, or other elements typical of chain retail stores. The ordinance was enacted to preserve Islamorada’s small-town characteristics, protect the natural environment, and prevent traffic increases. Island Silver (plaintiff) had owned an independent retail store in Islamorada. In June 2002, Island Silver contracted to sell its property to a developer who intended to convert the Island Silver store into a Walgreens drug store. The ordinance prevented the developer from establishing a Walgreens, so the developer protested the ordinance’s restrictions through the local administrative process. The developer was unsuccessful and withdrew from the purchase. Island Silver then brought a complaint against Islamorada in district court. Island Silver argued that the ordinance’s formula retail provisions were unconstitutional. Island Silver argued that Islamorada did not have any historical features or other features that distinguished it as a small town. Island Silver argued that the ordinance served no purpose because Islamorada was home to several preexisting formula retail stores and the ordinance did not restrict large nonchain businesses and there were preexisting regulations in place designed to protect nature and the environment. The district court found that the ordinance violated the Dormant Commerce Clause. The district court invalidated the ordinance and granted injunctive and monetary relief in favor of Island Silver. Islamorada appealed.

Rule of Law

Issue

Holding and Reasoning (Restani, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership