City of Lincoln Ctr. v. Farmway Coop., Inc.

City cited Defendant, which operated a grain elevator facility inside city limits, for violating municipal noise and nuisance ordinances. After a bench trial, the municipal court found Defendant guilty of violating both ordinances. The district court reversed, concluding that the ordinances were unconstitutionally vague because they did not warn potential violators of what conduct was prohibited and failed adequately to guar against the risk of arbitrary enforcement. The court of appeals affirmed. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the City's noise ordinance was unconstitutionally vague; but (2) the nuisance ordinance was constitutional as applied to Defendant. View "City of Lincoln Ctr. v. Farmway Coop., Inc." on Justia Law