Thursday, September 08, 2011

Tenth Circuit -- City of Hugo v. Nichols

Municipality can't sue state water board because of dormant commerce clause - municipality is a subdivision of state.

Plaintiff whose claims derive from the municipality has no standing as well, as claim is not redressable.

Dissent - subdivision has standing where sufficiently independent & making a constitutional claim.

City of Hugo v. Nichols
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.