Why is wally likely to win the lawsuit

Reference no: EM133335492

Questions: The city of Brownsville Burn Ordinance states the following:

In the event of fire danger, the Brownsville Fire Department (BFD) has the capacity to issue a city-wide burn ban. The burn ban prohibits the starting of any fires within city limits with exceptions for indoor fireplaces, propane or natural gas grills, and controlled burns conducted by the Brownsville Fire Department.
In deploying such a ban, the BFD will consult and utilize fire danger indexes, atmospheric conditions, and/or local weather.
In the event of a city-wide burn ban, the decision is final, cannot be appealed, and is subject to the sole discretion of the BFD.

Prior to the enactment of a burn ban, Wally's Hawaiian Grill, a local eating establishment, submits a lawsuit against the Brownsville Fire Department seeking to prohibit a burn ban from taking effect. The restaurant utilizes an open-pit charcoal grill for the roasting of pigs and other animals. This style of grill is not exempted from the burn ordinance.

The city contends that Wally's lacks standing and that in any case, the decision to issue a burn ban is not reviewable by a court.

Wally's argues that the burn ban would harm business and warrants judicial review.

Is Wally's likely to win the lawsuit? Why or Why Not?

Reference no: EM133335492

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