Florida Transportation Service v. Miami-Dade County, No. 11-10475 (11th Cir. 2012)
Annotate this CaseThis appeal involved a county ordinance for permitting stevedores at the Port of Miami in Miami-Dade County. FTS filed suit against the County, which owns and operates the Port. FTS alleged that the County's Port Director did not follow the ordinance's requirements at all but instead protected incumbent stevedores and kept out new entrants and competition, like FTS, by rubber-stamping and automatically renewing permits for all existing stevedore permit holders at the Port and automatically denying permits to all new applicants in violation of the dormant Commerce Clause. The court held that the ordinance as applied violated the dormant Commerce Clause and the market-participant exception was not applicable. The court also held that the evidence provided a sufficient legal basis for the jury's damages award. Accordingly, the court affirmed the judgment.
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