Brown v. City of Yakima

How courts have described this case

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

• noting where statute expressly confers some measure of concurrent jurisdiction, field preemption does not apply
• noting where statute expressly confers some measure of concurrent jurisdiction, field preemption does not apply
• an ordinance is presumed constitutional and the burden of showing otherwise rests heavily on the party challenging its constitutionality
• “Where both the ordinance and the statute are prohibitory, and the difference between them is that the ordinance goes further in its prohibition, they are not deemed inconsistent . . . .”
• ordinances and statutes may prohibit the same acts so long as the statute was not intended to be exclusive and the city ordinance does not conflict with the general law of the state
• where city ordinance regulating the sale and discharge of fireworks was more restrictive than state fireworks statute, in absence of preemption, no conflict existed because both laws were prohibitory and ordinance simply went further in its prohibition

Source: CourtListener parenthetical corpus (CC0).