Civil Procedure Zoning, Planning & Land Use Tax

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Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more

Illinois Supreme Court to Debate Appeals from a Pollution Control Facility Certification Order

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in The Board of Education of Roxana Community Unit School District No. 1 v. The Pollution Control Board, which presents an important question of...more

Virginia Supreme Court Opinions Affecting Local Government Law September 12, 2013

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website): PKO Ventures, LLC v. Norfolk Redev’t &...more

California Quarterly Update -- A Reed Smith Quarterly Update (2nd Quarter 2013)

Welcome to the first edition of a series of quarterly updates from Reed Smith on California state tax developments. Every quarter, we will bring you legal updates and provide some insight on what taxpayers are facing in...more

Court of Appeal Narrowly Reads School Bond Measure Language; Parking Shortfall May Constitute An Environmental Impact Under CEQA

A school district board placed a large bond measure on the city ballot to fund projects at multiple schools in the district, including a project to erect stadium lighting at a high school. ...more

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to...more

No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation

A California court of appeal recently rejected a landowner’s claim that newly purchased replacement property should be exempt from reassessment and the establishment of a new base year value because the landowner sold his...more

Gas Tax Advances, Statute Of Repose Comes Out of Repose

SSB3141, a bill that would increase Iowa’s gas tax by five cents per year in 2013 and 2014, took another tentative step forward this week when it was voted out of the Senate Transportation Committee. The bill would...more

Marzulla Law Legal Report - February 2012

In This Newsletter: - Marzulla Law Asks U.S. Supreme Court to Decide Standing of Municipal Taxpayers In February 2009, Highway J Citizens Group, U.A., an associationin southeastern Wisconsin that promotes...more

California Supreme Court Upholds Elimination of Redevelopment Agencies

In a highly anticipated decision, the California Supreme Court ruled on December 29, 2011, that legislation adopted in July to dissolve redevelopment agencies is constitutional, but that legislation adopted concurrently to...more

Supreme Court Upholds Dissolution of Redevelopment Agencies and Invalidates "Pay to Play" Option

After months of legal uncertainty, the California Supreme Court today issued its opinion in California Redevelopment Association, et al. v. Matosantos, Case No. S194861, marking the end of California’s 400+ redevelopment...more

Legal Update: California Supreme Court Ruling Winds Up Redevelopment Agencies: Legislative Reform May be Next

In an opinion filed December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26, which dissolves redevelopment agencies as of October 1, 2011. The opinion also invalidated Assembly Bill 1X 27, which provides...more

Virginia Supreme Court Issues Local Government Opinions - June 9, 2011

The Virginia Supreme Court issued these new opinions affecting Virginia local government law on June 9, 2011: 100347 Riverside Owner v. City of Richmond 06/09/2011 In a taxpayers’ action for relief from allegedly...more

Proving Positional Bias

This article examines how far an opposing counsel may go in cross examining an adverse expert witness in an effort to prove the bias of that witness before a judge or jury....more

Va Supreme Court Opinions Affecting Local Governments, Nov 4, 2010

Summaries from the Virginia Supreme Court website of today’s opinions affecting Virginia local government law: 091455 Town of Leesburg v. Giordano 11/04/2010 In an action against a town challenging an ordinance that...more

Virginia Supreme Court Opinions 9-16-10

The Virginia Supreme Court released two opinions directly impacting local government law today. Discussion of the two cases will follow in subsequent posts. Here is the Virginia Supreme Court’s summary of the case...more

Greenwald v. City of Passaic

Brief in Support of Appellee / Cross-Appellant's Motion to Stay the Judgment of the Superior Court, Law Division

A very unusual appeals brief involving a very unusual taxation case, both factually and procedurally. It is an appeal from a decision of the Law Division, Superior Court. The case was settled following the Appellate...more

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