News & Analysis as of

State Constitutions State and Local Government

Snell & Wilmer

Arizona Supreme Court Affirms Citizens’ Broad Rights to Propose Local Ballot Measures

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The Arizona Supreme Court recently held in Roundtree v. City of Page that the circumstances under which citizens can place a local initiative measure on the ballot are very broad, so long as they propose something that may be...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

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The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Best Best & Krieger LLP

The Price of Water Just Got More Complicated: San Diego’s Legal Battle Over Tiered Rates

On July 30, 2025, a divided California Court of Appeal issued its long-awaited opinion in Patz v. City of San Diego, affirming the trial court’s judgment that the City’s tiered residential water rates violated Proposition 218...more

Jones Day

Youth Climate Litigants See Success in One State, Dismissal in Another

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On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more

Bricker Graydon LLP

Play Your Cards Right: Gambling Regulations and Local Government

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Gambling has long held a tight grasp on Ohio and its citizens. From state lotteries to sports betting, Ohio has established itself as a leader in the regulated world of gambling. But how does this impact local governments?...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

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On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

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

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators End 2024 Session with Veto Override and Proposed Constitutional Amendment

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The 2024 North Carolina General Assembly session ended last Friday after members overrode a veto, proposed a change to the state constitution, and supported a constitutional convention to set term limits for members of the US...more

Benesch

Ohio General Assembly Tackles Lame Duck Session and Selects New Leaders for the Next

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With election day behind us, Ohio legislators have gone full throttle into a lame duck session, focusing their efforts on wrapping up the 135th Ohio General Assembly before the end of 2024. With less than five voting sessions...more

Parker Poe Adams & Bernstein LLP

Key Takeaways From the 2024 Election: Georgia

While Georgia did not hold an election for governor or any other statewide offices, there were ballot measures and legislative races to consider. The status quo will remain in place with Republicans having control of the...more

Holland & Knight LLP

Recent Developments in Florida Energy and Environmental Legislation

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In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Bricker Graydon LLP

Key Clauses to Focus on in Local Government Contracts

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When drafting and reviewing local government contracts, it’s imperative that legal counsel understand what language to focus on. There are a number of terms and conditions which political subdivisions cannot agree to under...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

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Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

Winthrop & Weinstine, P.A.

Legislative Top 5 - April 2024

Omnibus Policy Bills on the Move - Prior to the March 22nd legislative deadline for policy bills, most committees created omnibus policy bills. Starting this week, both the House of Representatives and the Senate engaged...more

Troutman Pepper Locke

EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting

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Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs...more

Winthrop & Weinstine, P.A.

Legislative Top 5 - March 2024 #3

Where is the Governor’s Supplemental Budget? With legislators racing toward the first and second bill deadline on March 22, the Walz Administration spent the week behind closed doors putting the finishing touches on its...more

Woods Rogers

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

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The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a...more

Troutman Pepper Locke

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

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Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Bricker Graydon LLP

Ohio 2023 General Election Preliminary Results

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The 2023 Ohio General Election reached an unusually high turnout for an odd-numbered election year, thanks to two statewide ballot issues. Issue 1 garnered national attention, as Ohio became the latest state to enshrine...more

Dinsmore & Shohl LLP

Ohio Voters Pass Reproductive Freedoms Amendment to State Constitution

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On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be...more

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