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SHEFFIELD v. CITY OF FORT THOMAS, KY.

No. 09-5619.

620 F.3d 596 (2010)

William SHEFFIELD, Plaintiff-Appellant, v. CITY OF FORT THOMAS, KENTUCKY; Mary Brown, Mayor; Barbara Runge, James Doepker, Roger Peterman, Barbara Thompson-Levine, and Tom Lampe, Council Members; and Eric Haas, Mayor Pro-Tem; in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2010.

Attorney(s) appearing for the Case

ARGUED: Robert E. Blau , Blau & Kriege, PLLC, Cold Spring, Kentucky, for Appellant. Jeffrey C. Mando , Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, Kentucky, for Appellees. ON BRIEF: Robert E. Blau , Blau & Kriege, PLLC, Cold Spring, Kentucky, for Appellant. Jeffrey C. Mando , Adams, Stepner, Woltermann & Dusing, P.L.L.C., Covington, Kentucky, Stephen D. Wolnitzek , Wolnitzek & Rowekamp, P.S.C., Covington, Kentucky, for Appellees.

Before: KEITH, BOGGS, and McKEAGUE, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Plaintiff William Sheffield challenges several municipal ordinances enacted by the city of Fort Thomas, Kentucky, alleging that the ordinances violate the United States and Kentucky Constitutions and that the ordinances are preempted by Kentucky state statutes and administrative regulations. The district court rejected all of Sheffield's challenges. With one exception, we agree with that conclusion. We hold, however, that the...

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