May a city require adult bookstores but not other establishments to close between midnight and 10am every night and all day Sunday?
Originally published on the IMLA Appellate Practice Blog - January 27, 2014....more
Local governments often establish fixed buffer zones to eliminate congestion and to ensure public safety. Does the First Amendment require a significant change in current local practices?
Next Wednesday, January 15th,...more
When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more
Decision Could Be Relevant to Upcoming FCC Rulemaking -
An appellate court last week ruled that a provision of the federal Communications Act limiting how a local government may regulate the “placement, construction,...more
If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation...more
The Federal Communications Commission (FCC) today formally released and requested comment on proposed rules to accelerate the expansion of wireless broadband services nationwide, which could limit local governments’ zoning...more
Many cities have struggled with the effects of foreclosures.
But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area?
A First Circuit case,...more
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other...more
Eagle Cove believed that its religion required it to hold its Bible camp in only one place: on its lake-side property in Oneida County, Wisconsin. But the County had zoned the property for residential use only.
The first significant case affecting local governments in this new Supreme Court term – Madigan v. Levin – ended poorly. The Court resolved the case with a DIG – the Court dismissed it as improvidently granted.
In This Presenation:
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing...more
You licensed your special-district property to wireless communications companies that installed antennas and other communication facilities. You had the space. They were willing to pay for it. It just made sense. Didn't...more
The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases.
If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more
The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more
Overview: The Ninth Circuit recently upheld as constitutional a city council’s practice of opening its sessions with prayer. The court upheld the city’s policy concerning such prayers, which extended the invitation to lead...more