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CACHIA v. ISLAMORADA

No. 06-16606.

542 F.3d 839 (2008)

Joseph CACHIA, Plaintiff-Appellant, v. ISLAMORADA, Village of Islands, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

John A. Jabro, Tavernier, FL, Richard Brian Rosenthal, Joel S. Perwin, The Law Offices of Richard B. Rosenthal, P.A., Miami, FL, for Cachia.

Oliver Gene Gilbert, III, Harriet R. Lewis, Lewis, Stroud & Deutsch, PL, Boca Raton, FL, for Islamorada.

Before TJOFLAT and BLACK, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Plaintiff-Appellant Joseph Cachia ("Cachia") appeals an order of the United States District Court for the Southern District of Florida granting dismissal in favor of Defendant-Appellee Islamorada, Village of Islands ("Islamorada"). Cachia challenges an Islamorada zoning ordinance on the grounds that its "formula restaurant" provisions violate the Dormant Commerce Clause. We reverse and remand to the district court for further proceedings.

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