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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

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

War Games in Wisconsin (2013 Style)

Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues require unanimous agreement. However, Governor Scott Walker has...more

New York Voters Are Placing Their Bets – Will It Pay Off?

It’s November 5, 2013 and New Yorkers are taking to the polls to vote whether or not to approve the statewide casino referendum that would allow four new gaming licenses in New York. Casino, entertainment and hotel developers...more

Chinese Retailer “DragonMart” Fights and Wins a Spot on Mexican Soil

Enrique Peña Nieto has been in talks with his Chinese counterpart since the year started, a sign of both countries burying their retail-related hatchet and deciding to work together to boost their strong economies. This is...more

Construction & Land Use Newsletter - Volume 5, Issue 3 - September 2013

In This Issue: - When Do Virginia Contractors Need a License? - Newberry Station: Political Contributions & Political Realities - Excerpt from Newberry Station: Political Contributions & Political Realities:...more

Florida Legislature Passes Manufacturing Competitiveness Act

Today, the Florida Legislature passed the Manufacturing Competitiveness Act (HB 357). The bill, which now heads to Governor Rick Scott for signature, significantly streamlines local and state regulation and approvals, giving...more

Regulatory Issues Cause ConocoPhillips to Join Shell Oil in Suspending its Drilling Program in Arctic Waters off Alaska

Today, ConocoPhillips announced that it is suspending its drilling program in the Chukchi Sea off the northwest coast of Alaska for 2014, due to uncertainty regarding the changing regulatory requirements. ...more

Paper Carryout Bag Charge Is Not A Tax

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

Ohio Takes Next Step to Implement Great Lakes-St. Lawrence River Basin Water Resources Compact

Ohio House Bill 473 (“H.B. 473” or the “Act”) authorizes the Division of Soil and Water Resources within the Ohio Department of Natural Resources (“ODNR”) to establish a water-withdrawal and consumptive-use permitting program...more

Redevelopment Law Unconstitutional Because of Impairment of Contract?

Largely lost in the noise and furor surrounding the decision by the California Supreme Court upholding AB 1X 26 (California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, which terminated the functions of...more

Zoning and Privatization of Virginia’s ABC Stores

In his campaign, Virginia Governor Bob McDonnell proposed privatization of the state-owned ABC (liquor) stores as one way to raise revenue without raising taxes. It is important to remember that taking a use that is now...more

More Pennsylvania State Forest Land Available for Drilling, Governor Announces

The recent leasing of Pennsylvania state forest land for natural gas drilling raised so much more money than anticipated for the state that Gov. Edward Rendell decided to lease additional land. Part of the governor's proposed...more

Transfer of Development Rights Help On the Way

For many years, localities were without authority to adopt a TDR ordinance. The Attorney General made clear that while a TDR program might be constitutional, a statute would have to be adopted to authorize a locality to adopt...more

Déjà Vu: Pennsylvania Re-Amends Its Lien Law to Again Permit Broad Waivers of Lien Rights on Residential Property Projects

The passage of amendments in 2006 to the Pennsylvania Mechanics' Lien Law of 1963 (the "Lien Law") was a focus of considerable discussion. For the first time in 43 years, the Pennsylvania legislature revisited the statute and...more

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