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Cook v. Rockwell Int'l Corp.

Citation: 40 ELR 20241
No. Nos. 08-1224 et al., (10th Cir., 09/03/2010) Judgment vacated

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in concluding that Kentucky administrative regulations have no preemptive force as against Kentucky municipal ordinances. Accordingly, while the Deer-Feeding Ordinance is a legitimate exercise of municipal authority as applied to deer feeding outside the curtilage of the home, it is preempted insofar as it purports to ban deer feeding within the curtilage of city homes. But the court agreed with the lower court that the Bow-and-Arrow and Field-Dressing Ordinances were not preempted by state law, that the Deer-Feeding Ordinance is not unconstitutionally vague, and that the Bow-and-Arrow Ordinance does not violate due process.

[A prior decision in this litigation can be found at 27 ELR 20072]