Our Garage & Wrecker Serv. 1 Towing & Recovery Ass'n of Ohio v. City of Columbus David Wilson Bobbie Beavers, 257 F.3d 506 (6th Cir. 2001). · Go Syfert
Our Garage & Wrecker Serv. 1 Towing & Recovery Ass'n of Ohio v. City of Columbus David Wilson Bobbie Beavers, 257 F.3d 506 (6th Cir. 2001). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 3 distinct courts.
Strongest positive: Weber v. Warden, Warren Correctional Institution (ohsd, 2012-04-11)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Weber v. Warden, Warren Correctional Institution
S.D. Ohio · 2012 · confidence medium
As Petitioner has not rebutted the state court’s factual findings with clear and convincing evidence, accord supra n. 1, AED-PA requires this Court to accept those findings as accurate. 28 U.S.C. § 2254 (e)(1); Clark, 257 F.3d at 506.
examined Cited as authority (rule) City of Columbus v. Ours Garage & Wrecker Service, Inc. (4×) also: Cited "see"
SCOTUS · 2002 · confidence medium
Holding Petrey dispositive, the appeals court affirmed the District Court’s injunction against enforcement of Columbus’ tow-truck regulations. 257 F. 3d 506, 507-508 (2001).
Retrieving the full opinion text from the archive…
OUR GARAGE AND WRECKER SERVICE; Towing & Recovery Association of Ohio, Plaintiffs-Appellees,
v.
CITY OF COLUMBUS; David Wilson; Bobbie Beavers, Defendants-Appellants
00-3409.
Court of Appeals for the Sixth Circuit.
Jun 19, 2001.
257 F.3d 506
David A. Ferris (briefed), Carlile, Patch-en & Murphy, Columbus, OH, for Plaintiffs-Appellees., Susan E. Ashbrook (briefed), Columbus City Atty’s. Office, Columbus, OH, for Defendants-Appellants., James G. Burkhardt (briefed), Office of the City of Toledo, Law Dept., Toledo, OH, for Amicus Curiae.
Keith, Batchelder, Moore.
Cited by 4 opinions  |  Published

OPINION

BATCHELDER, Circuit Judge.

Plaintiffs Appellees Ours Garage and Wrecker Service, Inc. (“Ours”), an Ohio corporation operating a towing business in the City of Columbus, and the Towing and Recovery Association of Ohio (“TRAO”), a trade association of tow truck operators, brought suit against the City of Columbus (the “City”) and certain of its officials to enjoin enforcement of Chapter 549 of the Columbus City Code (the “towing ordinance”), which regulates consensual towing operations. Specifically, Ours and TRAO alleged that the Interstate Commerce Act (“ICA”), 49 U.S.C. § 14501(c)(1), preempts the towing ordinance, which among other things requires the owners and operators of tow trucks to obtain a license from the City, maintain insurance, and comply with other regulatory requirements. See generally City of Columbus, Ohio, Code ch. 549 (1991). On cross-motions for summary judgment, the district court ruled in favor of Ours and TRAO and permanently enjoined the City from enforcing the towing ordinance. This appeal followed.

In Petrey v. City of Toledo, 246 F.3d 548, 555, 558-59, 564 (6th Cir.2001), we held that the ICA does not preempt mu-[*508] nieipal licensing and safety regulation of non-consensual towing operations when a municipality acts as a market participant, but does preempt other regulation not falling within this narrow exception. On appeal, the City concedes that Petrey controls the disposition of this case. Accordingly, we affirm the judgment of the district court permanently enjoining the City’s enforcement of these towing provisions.