Matthew K. Schettenhelm

Matthew K. Schettenhelm

Best Best & Krieger LLP

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Fourth Circuit: Retirement Plan Discriminates Based on Age

A County retirement-benefit plan requires an employee to contribute a percentage of his salary to the plan. But not all employees contribute at the same rate. Instead, an older employee must contribute at a...more

4/7/2014 - ADEA Age Discrimination Retirement Plan

Ninth Circuit: Local Governments May Regulate Handgun Storage and Hollow-Point Bullets

The Second Amendment confers an individual right to keep and bear arms. We know that now—after decades of uncertainty—because the Supreme Court said so in District of Columbia v. Heller, 554 U.S. 570 (2008). But...more

3/31/2014 - Gun Laws

SCOTUS: Federal Government Retains No Interest in Abandoned Railroad Rights-of-Way

Congress grants a railroad a right-of-way across public land. The federal government then grants the land to a private landowner, who takes the parcel subject to the railroad right-of-way. The railroad later...more

3/18/2014 - Brandt Irrevocable Trust v Us Eminent Domain Railroads SCOTUS Takings

FCC Seeks Additional Input to Improve E-Rate School & Library Technology Program

BB&K is Assembling a Coalition of Local Governments and Educators to Provide Input to FCC - The Federal Communication Commission’s Wireline Competition Bureau (WCB) released a second public notice seeking focused...more

3/18/2014 - E-Rates FCC Technology

The Fight Over Wireless Siting Heats Up . . . And Moves Into the Halls of the FCC

We’ve blogged previously about an FCC wireless-siting rulemaking that could affect the zoning of wireless-service facilities in almost every U.S. community. The formal comment period has now closed, and dozens of comments...more

3/11/2014 - Cell Towers FCC Wireless Technology

Seventh Circuit: City May Not Close Adult Bookstores

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

2/24/2014 - Adult Entertainment Pornography

Can State and Local Governments Establish Buffer Zones? SCOTUS To Decide

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

1/8/2014 - First Amendment Infrastructure McCullen v. Coakley Municipalities Police Power SCOTUS

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

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

12/18/2013 - Ballot Measures Cell Towers Local Governance Municipalities Preemption State and Local Government T-Mobile Telecommunications

Court Denies Cell-Tower Company's Challenge to Initiative Requiring Voter-Approval Before City Can Lease Property

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

12/17/2013 - Cell Towers FCC Local Governance State and Local Government

Ninth Circuit: Officer Removed After Raising Safety Issues Does Not Have First Amendment Claim

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

12/9/2013 - Employer Liability Issues First Amendment Police Retaliation

FCC Requests Comment on Wireless Broadband Rules That Could Limit Local Government Authority - February Deadline Set for Public...

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

12/5/2013 - FCC Mobile Broadband Services State and Local Government Wireless Industry

First Circuit: Does a Local Government Have Authority To Regulate Foreclosures?

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

11/27/2013 - Banks Contracts Clause Foreclosure Local Ordinance Mediation Municipalities State and Local Government

FCC Proposes New Rules On Local Wireless Siting [Video]

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

11/25/2013 - Cell Towers FCC Wireless Industry

Seventh Circuit: RLUIPA Does Not Mandate That County Allow Camp in Residential Area

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. When...more

11/6/2013 - Exclusions Reasonable Accommodation Religion RLUIPA

A Supreme Court DIG, and a Lesson About Appellate Jurisdiction

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. What...more

11/5/2013 - ADEA Age Discrimination Dismissals Madigan v. Levin SCOTUS

FCC Proposes New Rules On Local Wireless Siting (Webinar Presentation and Recording)

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

10/14/2013 - Cell Towers FCC Shot Clock State and Local Government Wireless Industry

Cellular antennas on special district property: The opportunity and the risk

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

9/17/2013 - Cell Phones Cell Towers Mobile Devices Utilities Sector

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

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. -...more

8/19/2013 - Eric Holder Florida v Harris Koontz v St John's River Water Management SCOTUS Shelby v Holder

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

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

6/27/2013 - Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Permits Rough Proportionality Test SCOTUS Takings Wetlands

U.S. Supreme Court Allows FCC to Determine its Own Authority - Decision Upholds FCC Time Restrictions on Local Government...

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

5/21/2013 - Cell Towers FCC SCOTUS Shot Clock State and Local Government Wireless Industry

Ninth Circuit Upholds Opening Prayers at City Council Meetings - Prayers May Be Sectarian But May Not Proselytize or Disparage...

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

4/1/2013 - City Councils Establishment Clause First Amendment Prayer Religion

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