News & Analysis as of

Appeals Local Ordinance Municipalities

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Snell & Wilmer

Arizona Supreme Court to Address the Scope of Citizens’ Rights to Propose Local Ballot Measures

Snell & Wilmer on

In the forthcoming case of Roundtree v. City of Page,2 the Arizona Supreme Court will weigh in on a reoccurring political issue that bubbles up in cities and towns across the state: under what circumstances does a proposed...more

Best Best & Krieger LLP

Costa Mesa Sent Back to District Court to Defend Group-Home Ordinance

Appellate court comment hints at improper motivation for regulation - The Ninth Circuit recently sent Costa Mesa back to the trial court to continue litigating two challenges to its group-home ordinance. The issue on...more

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Court Upholds San Antonio’s Sick and Safe Leave Ordinance Injunction

On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The...more

Perkins Coie

Municipal Water Rates are Protected from Referendum Challenges

Perkins Coie on

The California Supreme Court ruled that water rates and other local utility charges are considered “taxes” for the purpose of California Constitution Article II, Section 9 and therefore exempt from the referendum process....more

Best Best & Krieger LLP

Determining a “Super Majority” When Council Members are Missing

California Appellate Court Looks to Local Ordinance’s Intention for Determination - In determining what makes a “super majority” of a governing body, a California appellate court said the entire number of seats on the body...more

Perkins Coie

San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance

Perkins Coie on

The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules. SF Urban Forest Coalition v. City and County of...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

Farrell Fritz, P.C. on

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation”...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Supreme Court Crushes "Fannie Lewis Law" in Cleveland - Reverses Court of Appeals in Hot Debate

Ohio local hiring laws affecting contractors are destroyed, for now. Municipalities will no longer be able to force local hiring upon contractors for various jobs. This especially impacts large cities and their citizens...more

Hahn Loeser & Parks LLP

Ohio Supreme Court Strikes Down Local Ordinance Imposing Residency Requirements of Ohio’s Workers on Public-Construction Contracts

On September 24, 2019, the Ohio Supreme Court announced the General Assembly has broad authority to regulate public-works contracts that subject Ohio’s workers to residency preferences or restrictions. In The City of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Columbia County Solid Waste Management System: Arkansas Court of Appeals Addresses City of Magnolia's Challenge to Allocation of...

The Court of Appeals of Arkansas (“Court”) addressed in a September 11th opinion the City of Magnolia, Arkansas’s (“Magnolia”) challenge to the allocation of a Columbia County sales and use tax to finance a Solid Waste...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

Morgan Lewis on

The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Perkins Coie

State Minimum Wage Law Applies to Charter Cities

Perkins Coie on

The Second District Court of Appeal has held that California’s minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v. City of Long Beach, No. B282270...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona Law Prohibiting Municipalities From Enacting Employee Benefits Ordinances Held Unconstitutional

The Arizona Court of Appeals, Division One, has ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits...more

Fisher Phillips

Florida Supreme Court Strikes Down Miami Beach Minimum Wage - Attorneys Represented Business Interests in Important Matter

Fisher Phillips on

The Florida Supreme Court on Tuesday blocked a Miami Beach law that would have raised the minimum wage in the city. This ends a lengthy legal battle over whether cities could set their own minimum wages that do not correspond...more

Perkins Coie

Zoning Ordinance Adopted To Make Zoning Consistent With General Plan May Be Rejected By Referendum

Perkins Coie on

The California Supreme Court has resolved a split among the courts of appeal, concluding that citizens may bring a referendum to challenge a zoning ordinance even if the referendum would temporarily leave in place zoning...more

Perkins Coie

City’s Agreement to Extend Life of Billboards Violated Initiative Measure Prohibiting New Billboards

Perkins Coie on

The Second District Court of Appeal held that the purported amendment of an agreement to extend the period in which billboards were permitted within the City constituted a new agreement and hence violated the terms of a...more

Gray Reed

Man Bites Dog – Local Zoning Board Okays Drilling-Friendly Ordinance

Gray Reed on

In Frederick v. Allegheny Township Zoning Hearing Board, et al, the Pennsylvania Commonwealth Court affirmed a local zoning ordinance allowing oil and gas operations in all zoning districts in the Township as long as they...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Perkins Coie

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Goulston & Storrs PC

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide