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Table of Contents
- Levin v. Commerce Energy, Inc.
- Texas Midstream Gulf Servs. LLC v. Grand Prairie
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U.S. Supreme Court, June 01, 2010
Levin v. Commerce Energy, Inc., No. 09-223
In an action by independent natural gas marketers (IMs) who offered to sell natural gas to Ohio consumers against the Ohio Tax Commissioner (Commissioner), alleging discriminatory taxation of IMs and their patrons in violation of the Commerce and Equal Protection Clauses, the Sixth Circuit's reversal of the district court's dismissal of the action is reversed where, under the comity doctrine, a taxpayer's complaint of allegedly discriminatory state taxation, even when framed as a request to increase a competitor's tax burden, must proceed originally in state court.
U.S. 5th Circuit, June 02, 2010
Texas Midstream Gulf Servs. LLC v. Grand Prairie, No. 08-11200
In an action seeking a declaration that a city ordinance regulating natural gas pipelines was preempted by the Pipeline Safety Act (PSA), 49 U.S.C. sections 60101-60137, and that the ordinance impinged on plaintiff's state-conferred eminent domain powers, the district court's partial grant of injunctive relief for plaintiff is affirmed in part where: 1) the city's zoning power was not subservient to plaintiff's eminent domain power; 2) the PSA did not preempt the setback requirement of the ordinance; and 3) the ordinance's preempted security fence requirement was severable from the remainder of the ordinance.
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