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Pay day loan shop of Wisconsin v. City of Madison, 333 F. Supp. 2d 800 (W.D. Wis. 2004)

Freitag, Januar 24th, 2020

Pay day loan shop of Wisconsin v. City of Madison, 333 F. Supp. 2d 800 (W.D. Wis. 2004)

It is an action that is civil pursuant to 42 U.S.C. § 1983. Plaintiff The pay day loan shop of Wisconsin contends that defendant City of Madison has enacted an ordinance that violates plaintiff’s liberties to protection that is equal due procedure and it is unconstitutionally obscure. In addition, plaintiff contends that the ordinance is preempted by state legislation.

Whenever plaintiff filed its grievance, it desired an initial injunction to avoid defendant credit from enforcing the ordinance that is allegedly unconstitutional.

Defendant reacted into the motion and presented a movement for summary judgment at the same time, asserting that the appropriate concepts determining the motions had been the exact same. Defendant asked that its movement for summary judgment be addressed without enabling plaintiff time for development, arguing that any finding could be unneeded. We agreed that development will never help plaintiff (because legislative choices are „not susceptible to courtroom factfinding and will be centered on logical speculation unsupported by proof or empirical data,“ FCC v. Beach Communications, Inc., 508 U.S. 307, 315, 113 S. Ct. 2096, 124 L. Ed. 2d 211 (1993)), and provided its counsel a way to advise the court whether he desired a chance for extra briefing; he penned towards the court on August 12, 2004, to express that extra briefing wouldn’t be necessary and therefore the court should check out determine the motion. (mehr …)