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CITY OF CHARLESTON v. A FISHERMAN'S BEST

No. 99-1991.

310 F.3d 155 (2002)

CITY OF CHARLESTON, SOUTH CAROLINA, a municipal corporation, Plaintiff-Appellee, v. A FISHERMAN'S BEST, INCORPORATED; AFB of Charleston, Incorporated; Ivan Miller; and the fishing vessel Tri Liner, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 2002.

Attorney(s) appearing for the Case

ARGUED: David Earl Frulla, Brand & Frulla, Washington, D.C., for Appellants. Timothy Alan Domin, Clauson & Staubes, L.L.C., Charleston, South Carolina, for Appellee. ON BRIEF: Andrew D. Herman, Brand & Frulla, Washington, D.C., for Appellants. Robert G. Clawson, Jr., Clauson & Staubes, L.L.C., Charleston, South Carolina; William B. Regan, Regan & Cantwell, Charleston, South Carolina, for Appellee.

Before LUTTIG and MOTZ, Circuit Judges, and GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

Reversed and remanded by published opinion. Senior Judge GODBOLD wrote the majority opinion, in which Judge MOTZ joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

GODBOLD, Senior Circuit Judge.

I. Background

This appeal concerns whether federal law preempts a resolution of the City Council of the City of Charleston, South Carolina enacted July 21, 1998, relating to its Maritime...

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