· 10/28/1994
Chris T. Dehart v. Town of Austin, Indiana
Citations
- 39 F.3d 718
- 1994 U.S. App. LEXIS 30106
- 1994 WL 588631
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the AWA “does not evince an intent to preempt state or local regulation of animal or public welfare” because it “expressly contemplates state and local regulation of animals”
- “Even if the [state law] produces onerous consequences for DeHart’s business, preemption is not established.”
- “The regulation of animals has long been recognized as part of the historic police power of the States.”
- “When the federal government acts within its constitutional authority, it is empowered to preempt state or local laws to the extent it believes such action to be necessary to achieve its purposes.”
- “When the federal government acts within its constitutional authority, it is empowered to preempt state or local laws to the extent it believes such action to be necessary to achieve its purposes.”
- due process claim held premature because no deprivation had occurred yet
Source: CourtListener parenthetical corpus (CC0).
Judges: Pell, Manion, Kanne
Read full opinion on CourtListenerSourced 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.