News & Analysis as of

Home Rule States

Calif. AG Says SB 415 Applies to Charter Cities and Local School Districts Governed by Charter Cities - California Voter...

by Best Best & Krieger LLP on

Last week, Attorney General Xavier Becerra opined that the California Voter Participation Rights Act, also known as SB 415, applies to charter cities and school districts governed by charter cities. In the second opinion...more

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

If Pain, Yes Gain—Part XXX: Pittsburgh Sick Time Law on Life Support After Appellate Court Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 17, 2017, a panel of judges on the Commonwealth Court of Pennsylvania struck a second blow to Pittsburgh’s Paid Sick Days Act, leaving the Act’s future in serious jeopardy. ...more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more

Illinois Supreme Court Holds City of Chicago Went Too Far in Taxing Cars Rented Outside Its Borders

by McDermott Will & Emery on

The Illinois Supreme Court, in Hertz Corp v. City of Chicago, 2017 IL 119945 (Jan. 20, 2017) , held that the City of Chicago’s ruling requiring rental car companies located within three miles of the City to collect tax on...more

I Hate Home Rule

Massachusetts is a Home Rule state (Commonwealth, actually, but that’s a separate issue). Our 351 cities and towns can pretty much legislate as they please, so long as the local action is not preempted. Our state Wetlands...more

Pennsylvania Plaintiffs Launch Successful Attack on Pittsburgh’s Local Paid Sick Leave

The proliferation of paid sick leave (PSL) laws has been well-documented in the last few years. California’s PSL statute has received particular attention in this blog, but Connecticut, Massachusetts, and Oregon have also...more

If Pain, Yes Gain — Part XV: Court Rejects Pittsburgh Paid Sick Days Act

by Seyfarth Shaw LLP on

On December 21, 2015, Judge Joseph James of the Allegheny County Court of Common Pleas overturned Pittsburgh’s Paid Sick Days Act (“PSDA”), agreeing with the Pennsylvania Restaurant and Lodging Association and several local...more

Update: Pittsburgh Paid Sick Leave Act Ruled Invalid

by McNees Wallace & Nurick LLC on

Earlier this year, we told you that Pittsburgh became the second city in Pennsylvania to enact a paid sick leave law, providing, in part, that employers were required to provide employees a minimum of 1 hour of paid sick time...more

Pittsburgh's Paid Sick Days Ordinance is Found to be Invalid and Unenforceable

by Littler on

In a ruling issued December 21, 2015, a trial court judge held that the City of Pittsburgh did not have the authority under state law to enact the Paid Sick Days Ordinance that Pittsburgh's City Council passed on August 3,...more

Pennsylvania and Ohio High Courts Issue Decisions Impacting Oil and Gas Operators

by Reed Smith on

Supreme Court of Pennsylvania Declines to Extend Primary Term of Oil and Gas Lease - In Wayne Harrison, et al. v. Cabot Oil & Gas Corp., Case No. 75 MAP 2014 (Pa. Feb. 17, 2015), the Supreme Court of Pennsylvania...more

Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

by K&L Gates LLP on

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more

Ohio Supreme Court Strikes Down Local Oil & Gas Regulations – How State Law Preemption Is Shielding the Oil and Gas Industry

by Stoel Rives LLP on

In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil...more

Illinois Appellate Court Rules that School Districts are subject to Municipal Zoning

by Franczek Radelet P.C. on

In a strongly worded 42 page decision, the Second District Appellate Court ruled in Gurba v. Community HS Dist. 155, that school districts are subject to the zoning regulations of home rule municipalities. The decision...more

Reviewing Courts' Approaches to State or Local Control of Hydraulic Fracturing

by Baker Donelson on

While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state...more

Oral Argument Recap: Ohio Supreme Court Considers Home Rule in Challenge to Zoning Ordinances Restricting Drilling

by BakerHostetler on

On Wednesday, the Ohio Supreme Court held oral argument to determine the scope of Ohio’s constitutional guarantee of municipal “home rule.” The case—brought by the city of Munroe Falls, Ohio against Beck Energy Corp. for...more

Local Ohio Communities Allied in Defense of Ohio’s Home-Rule, Oil and Gas Showdown To Be Held in Ohio Supreme Court

by BakerHostetler on

The litigation over the constitutionality of Ohio’s law R.C.1509.02 granting sole authority to the Ohio Department of Natural Resources to regulate activities associated with oil and gas exploration and production has reached...more

Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in...more

Cook County Use Tax Litigation Update

by Reed Smith on

On May 7, 2013, a complaint was filed against Cook County to enjoin the county from enforcing its newly enacted Cook County Personal Property Use Tax (“Tax”). The Cook County Circuit Court has now set a briefing schedule on...more

Cook County’s April Fool's Day Joke -- Use Tax on Non-Titled Personal Property Scheduled To Go Into Effect April 1, 2013

by Reed Smith on

Cook County, Illinois, has enacted a 1.25 percent use tax on the "value" of non-titled personal property (i.e., personal property other than motor vehicles) purchased outside Cook County, not subject to Cook County sales tax,...more

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