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Municipalities State Constitutions Constitutional Challenges

Bodman

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

Bodman on

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

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

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

Fenwick & West LLP on

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

Farrell Fritz, P.C. on

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

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

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

Bricker Graydon LLP

Court finds that Brooklyn landfill solar project does not violate Ohio Constitution

Bricker Graydon LLP on

A recent ruling sheds additional light on Ohio municipal utilities’ authority to sell surplus power to customers outside their boundaries. On May 10, 2019, Judge Robert C. Pollex, sitting as a visiting judge on the Cuyahoga...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

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