I find this interesting because of a similar lower government intrusion on a federal matter. This dealt with the aeronautics act, but a municipal govt tryied governing where they had no authority. I wrote a letter to a councilman and cited a few Supreme Court decisions and they literally did a 180, admitted there governing powers didn’t apply to the situation and wrote a letter to the person affected directly. It wasn’t me, but i had vested interest in not seeing them get any momentum. There is a similar case going on in white court regarding the aerodrome there and land owner where the municipality has dug in to the tune of over 200K in legal fees fighting an individual defending a position i think has clearly been ruled on numerous times...so in fact wasting the tax dollars.
I haven’t read the fine points of this challenge, but my question is, when can a municipal power enforce federal regulations? Even if the reg stated that a life vest must be worn, it doesn’t mean the municipal gov gets to enforce it. ANyway, i like seeing cases like this putting those punching above there weight in place.
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