Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness

 

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Food trucks in San Francisco.  Image by Todd Lappin

 

The article is not a substitute for legal advice.

Many of you may not live in areas with access to food trucks, but in areas where there are food trucks there can be disputes between traditional brick and mortar restaurants and the food trucks. Recently, Baltimore City imposed restrictions on food trucks that limited food trucks from operating within 300 feet of any retail business establishment that is primarily engaged in selling the same type of food product, other merchandise, or services as that offered by the food truck operator (Art. 15 § 17-33). Food truck operators challenged this law in circuit court and the law recently found to be void for vagueness and rejected arguments that the law violated Maryland Declaration of Rights protections of Due Process and Equal Protection. Continue reading

Federal District Court Allows North Dakota Farmers Union and Dakota Resource Council to Intervene in Corporate Farming Law Challenge

 

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Photo by Scott Bauer, USDA-NRCS

 

This post is not legal advice.

In a prior post, I discussed the ongoing battle in North Dakota by the North Dakota Farm Bureau challenging the constitutionality of the state’s ban on non-family corporations owning farmland in North Dakota (www.aglaw.umd.edu/blog/ anti-corporate-farming-law-challenged-in-north-dakota). The federal district court in North Dakota recently granted a motion by the North Dakota Farmers Union (NDFU) and the Dakota Resource Council (DRC) to intervene in defense of the law. The district court ruled that both parties had interests in protecting that law that were separate and distinct from North Dakota’s interests. Both parties will be allowed to defend the constitutionality of the ban on non-family corporations owning farmland in North Dakota against the challenge by North Dakota Farm Bureau (North Dakota Farm Bureau, 2017). Continue reading

Court of Appeals Finds State’s Right-to-Farm Law is Unconstitutional As Applied

 

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Source USGS via Wikicommons

 

This post is not legal advice.

All fifty states have some version of a right-to-farm law that provides defenses to agricultural producers for lawsuits they are committing a nuisance in his/her operations. In November 2016, the Court of Appeals of Iowa upholds a lower court’s ruling that Iowa’s right-to-farm law is unconstitutional as applied to a neighbor claiming a neighboring hog farm is a nuisance and awarding damages to the neighbor. For those unaware, finding a state’s right-to-law unconstitutional as applied to a neighbor is a unique to Iowa. Iowa’s courts have found the state’s right-to-farm law is unconstitutional when applied to neighbors there first. At this point, no states have followed Iowa’s lead and found their state’s right-to-farm laws unconstitutional as applied to neighbors there first. Continue reading