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Equal Protection › Municipalities

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

Tucker Arensberg, P.C. on

Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

Robinson+Cole RLUIPA Defense

City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit

Robinson+Cole RLUIPA Defense on

Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Holland & Knight LLP

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Perkins Coie

Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development

Perkins Coie on

An inverse condemnation challenge to a permit denial is not ripe until the government makes a final determination regarding the scope of allowable development on a plaintiff’s property, the California Court of Appeal held in...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Farrell Fritz, P.C. on

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

Skadden, Arps, Slate, Meagher & Flom LLP on

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Womble Bond Dickinson

A Distinction without a Difference

Womble Bond Dickinson on

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

Best Best & Krieger LLP

U.S. Supreme Court Affirms That Content-Based Sign Codes Violate The First Amendment

Best Best & Krieger LLP on

Now, more than ever, local municipalities should review their municipal sign laws to ensure that signs are not being regulated based on their message. This is in the wake of the U.S. Supreme Court’s recent ruling that an...more

Robinson & Cole LLP

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

Robinson & Cole LLP on

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

Carlton Fields

Construction Case Law Update - March 2015

Carlton Fields on

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

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