Retail Store Size-cap Ordinances: Legitimate Land Use Regulations or Unconstitutional Economic Protectionism?
Brannon P. Denning
PROBATE & PROPERTY � JULY/AUGUST 2006 9 The dormant Commerce Clause doctrine (DCCD) prohibits state and local governments from discriminating against or otherwise impermissibly burdening out-of-state economic actors. This article examines the rise in popularity of size-cap ordinances and their vulnerability to DCCD chal-lenges. The following pages briefly summarize the DCCD, offer evidence that simple economic protectionism is driving at least some of the size-cap ordinances that have been...