Constitutional Law Elections & Politics Zoning, Planning & Land Use

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more

Redeveloping Redevelopment: Recent Legislation

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment...more

Supreme Court To Hear Sign-Ordinance Case

On July 1, 2014, the Supreme Court granted cert in Reed v. Town of Gilbert, a case in which the Ninth Circuit upheld the Town of Gilbert’s sign ordinance against a First-Amendment challenge. The case could directly impact...more

Colorado Supreme Court Clears Ballot Initiative Aimed at Bolstering Local Control of Oil and Gas Drilling

On June 30, the Colorado Supreme Court issued its opinion In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89[1] (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more

Colorado Group Submits Another Anti-Fracking Statewide Ballot Petition For Consideration

Colorado voters may have yet another anti-fracking statewide ballot initiative to consider this November. The proposed constitutional amendment that was submitted to the Colorado Legislative Council on February 21 would...more

Pennsylvania Governor Asks Supreme Court to Reconsider Decision Striking Down Act 13

Governor Tom Corbett is asking the Pennsylvania Supreme Court to reconsider its December 19, 2013 decision striking down key provisions of Act 13 — a bill aimed at regulation of drilling activity in Pennsylvania’s Marcellus...more

Last-Minute CEQA Bill Brings Significant Changes for Major Infrastructure Projects and Projects within Transit Priority Areas

This session's California Environmental Quality Act ("CEQA") reform bill, Senate Bill 743 ("SB 743") packs a potentially large punch, but only for a narrow group of projects. SB 743 is the brainchild of Senator Darrell...more

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

County’s Interpretation Of General Plan Amendment Amounted To Regulatory Taking

A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into...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

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

2012 Florida Legislation Amending Florida Growth Management Laws Including 2011 Florida Community Planning Act

Last December, we wrote on the constitutional challenge made by the Town of Yankeetown, Florida, to portions of the Florida Community Planning Act with the resulting settlement which included proposed legislation that would...more

Legislature Meets First Committee Deadline

The Minnesota Legislature had a busy week at the Capitol, working to meet their first deadline. The deadline for committees to act favorably on bills in the house of origin is midnight on Friday. Committees must act favorably...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

Proposed Constitutional Amendment on Eminent Domain: Cons and Pros

The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly.  See 2012′s bills on the amendment, HJ 3 and SJ 3.  If these...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

Update on Redevelopment Law: The Supreme Court Makes it Official - Redevelopment is Dead in California

The California Supreme Court released its opinion today in California Redevelopment Association v. Matosantos, challenging the Legislature's adoption of AB 1X 26, providing for elimination of California redevelopment agencies...more

An Update on the 2011 Florida Community Planning Act: Constitutional Attack Settlement Reached, Amendment Proposed

In 2011, shortly after the landmark legislation was signed into law by Governor Rick Scott, a lawsuit was filed by the Town of Yankeetown, Florida, challenging the Florida Community Planning Act as being unconstitutional for...more

CEQA Mitigation On Conservation Easement Lands: How a Plea to Legislators Killed a Threat to Farmers’ Property Rights (For Now)

Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more

HR Files Lawsuit Challenging Redevelopment Bills

Two weeks ago we filed California Redevelopment Association v. Matosantos, an original writ proceeding in the California Supreme Court challenging a two-bill package in which the Legislature first eliminated California's 400...more

Update on Redevelopment Law: Governor Signs Trailer Bills to End Redevelopment Agencies Unless They Make Payments - Uncertainty...

This is the third in a series of blog entries monitoring the proposed elimination of redevelopment agencies. Governor Jerry Brown has approved the "all cuts" 2011-2012 budget for the State of California, in the process...more

Supreme Court Upholds Conflict of Interest Law Barring Elected Official's Vote

In Nevada Commission on Ethics v. Carrigan, the United States Supreme Court upheld a Nevada conflict of interest law prohibiting an elected official from voting on a matter which would materially affect his or her independent...more

What’s Next for Florida Growth Management? A Post-Election Appraisal

A number of key outcomes of the November elections are likely to alter the landscape for Florida growth management for the next several years. This update highlights important issues to watch in the coming months. Effect...more

Rogers Towers: Judge Declares Senate Bill 360 Unconstitutional

A trial judge in Tallahassee has struck down Senate Bill 360, approved by the Legislature and Governor in 2009. As you may remember, Senate Bill 360 provided several forms of growth management relief in response to the market...more

Four New Jersey Bills Seek To Change How Government Condemns Real Estate, As U.S. Debate On Eminent Domain Continues

On January 12, 2010, the New Jersey State Legislature introduced four bills that indicate an intention to change eminent domain practice in the state. These bills are anticipated to help eliminate issues that have accompanied...more

29 Results
|
View per page
Page: of 2

Follow Constitutional Law Updates on: