The City of Los Loco is located in the State of Confusion, but is on the border with the State of Washington. For a number of years Loco and the outlining area had an active granite industry, but recently production has been declining

1. The City of Los Loco is located in the State of Confusion, but is on the border with the State of Washington. For a number of years Loco and the outlining area had an active granite industry, but recently production has been declining. To boost production, the City Counsel passed an ordinance requiring all granite used within the city limits to be (1) produced within a fifty mile radius of Loco, and (2) within the State of Confusion. A granite producer, who is located in the neighboring State of Washington, was set to supply granite to a work site in the City of Los Loco. Due to the new law, however, it can no longer do so.

Assume the contractor comes to you for advice, and you must explain to him whether he has a claim under the concept of the “Dormant Commerce Clause” against the City of Los Loco. Please use the IRAC format to prepare your advice.

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