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· 5/16/1997

37712, Inc. v. Ohio Department of Liquor Control and Michael A. Akrouche

Citations

  • 113 F.3d 614
  • 1997 U.S. App. LEXIS 11395
  • 1997 WL 252769

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “federal courts must accord great deference” to “sensible” distinctions drawn in social and economic legislation
  • noting that the rationality inquiries of substantive due process and equal protection law are “analogous”
  • rejecting due process challenge to Ohio law which allowed for existing liquor licenses to be restricted in scope because “no notice or opportunity to be heard need proceed any legislative action of general applicability”
  • “[n]o essential issues of material fact are presented for resolution upon a facial challenge to a statute or ordinance”
  • “[n]o essential issues of material fact are presented for resolution upon a facial challenge to a statute or ordinance” [internal quotation marks omitted]
  • “A state statute or local ordinance which by its terms compels unconstitutional results is ‘facially’ unconstitutional and hence is incapable of any valid application.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Krupansky, Norris

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.