DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021665P.pdf 10/06/2003 Sherbrooke Turf v. MN Dept. of Trans.
U.S. Court of Appeals Case No: 02-1665
and No: 02-3016
District of Minnesota
Civil Case - constitutionality of Surface Transportation Assistance
Act. Landscape contractors challenge the federal highway
Disadvantaged Business Enterprises program as violating equal
protection. Upon de novo review, DOT regulations are narrowly
tailored, have substantial flexibility, are tailored to relevant labor
markets, and minimize the race-based nature. Program as applied by
Minnesota and Nebraska also serve a compelling government interest
and are narrowly tailored.