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Municipalities State Constitutions

Bodman

Michigan Supreme Court Holds that a Tax Cannot be Disguised as a Franchise Fee in Violation of Headlee

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The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Brownstein Hyatt Farber Schreck

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and...more

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

Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic

On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more

BakerHostetler

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

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The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more

Miles Mediation & Arbitration

A Plaintiff’s Primer: Four Issues to Consider When Suing Governmental Entities in Georgia

Bringing a lawsuit is often a relatively simple procedure. You identify the defendant and properly serve process on the person or organization (or, possibly both) who you believe to be responsible for the event that damaged...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

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On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

Farrell Fritz, P.C.

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

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In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Tucker Arensberg, P.C.

Silly Season Election Law Update Track 3

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In this version of the Election Law Update, we review a somewhat older decision of the Philadelphia Court of Common Pleas regarding indicted candidate, Willie Singletary, who once served as judge of the Philadelphia Traffic...more

Best Best & Krieger LLP

“Home Rule” Authority and Local Police Involvement in Immigration Enforcement

California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more

Perkins Coie

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

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The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Bricker Graydon LLP

Implementing a municipal charter: Lessons from the front lines

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American politics at the national level frequently involve conflicts over federalism and the allocation of authority between the federal government and state governments. On a smaller scale, the Ohio Constitution contains...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

Benesch

Ohio Supreme Court Upholds Constitutionality of State Statute Prohibiting Local Residency Requirements for Public Construction...

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In a close 4 to 3 decision, the Ohio Supreme Court has affirmed the constitutionality of a state statute enacted in 2016 prohibiting public authorities, including municipalities and school districts, from requiring a certain...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

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

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Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Best Best & Krieger LLP

Citizens’ Initiative Power Cannot Intrude on Public Agency’s Express Authority

Initiatives that Would Change County Government Structure Not Allowed, Calif. Appellate Court Rules - Proponents of a series of initiatives that would dramatically impact San Bernardino County submitted notices of intent...more

Cadwalader, Wickersham & Taft LLP

Illinois Judge Holds That Courts Cannot Rule Retroactively on Validity of State Debt

On August 29, 2019, an Illinois court denied a petition by a political activist and a hedge fund seeking leave to file a lawsuit claiming that approximately $16 billion of Illinois’s general obligation bonds (“GO Bonds”) were...more

Fox Rothschild LLP

Petitions To Watch: Labor Day Edition

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In addition to our petition tracker for PDRs already granted by the Supreme Court, we also keep an eye on interesting petitions pending before the Court. Below are recently filed petitions that, among other things, ask the...more

Allen Matkins

Why California Can't Buy Stock

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If you are looking to sell shares in your company to the State of California, you might want to reconsider. Article XVI, Section 17 of the California Constitution expressly forbids the state from subscribing to, or being...more

Eversheds Sutherland (US) LLP

Court holds California local taxes not subject to supermajority voting requirement

On July 5, a San Francisco trial court held that local taxes imposed by voter initiative are not taxes imposed by a “local government” and therefore are not subject to the two-thirds supermajority voter approval requirement...more

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

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More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

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