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Constitutionality of City Ordinance

By: Derek Hawkins//October 5, 2015//

Constitutionality of City Ordinance

By: Derek Hawkins//October 5, 2015//

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Civil

7th Circuit Court of Appeals

Officials: POSNER, EASTERBROOK, and WILLIAMS, Circuit Judges.

Constitutionality of City Ordinance

No. 14-3678 Discount Inn, Inc. v. City of Chicago

Difficulty in complying with city ordinance not grounds to deem ordinance unconstitutional.

“We do worry that compliance with the weed ordinance may be difficult. We are not reassured by the City’s statement that a property owner “can use a ruler to determine whether a plant is more or less than ten inches tall and can likewise use simple arithmetic to determine the average height of the plants on his property.” What if there are a thousand plants, and therefore a thousand measurements to be made and the results then averaged? But difficulty of compliance is not a persuasive ground for deeming the ordinance unconstitutional.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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