Municipalities

News & Analysis as of

SEC Approves Supervision & Compliance Rule for Municipal Advisors

The SEC last week approved new MSRB Rule G-44 implementing supervision and compliance requirements for municipal advisors. The MSRB touted the Rule as “its first dedicated rule for municipal advisors” under the Dodd-Frank...more

SEC Municipalities Continuing Disclosure Cooperation Initiative: Should A Bond Issuer Self-Report?

Municipal securities issuers have the opportunity to self-report material misstatements in official statements regarding prior compliance with continuing disclosure undertakings under a new initiative introduced by the...more

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

Continuing Efforts to Ban Single-Use Plastic Carrier Bags In Massachusetts And Beyond

Over the last several years, a number of municipalities across the nation have passed ordinances imposing bans, fees, and/or taxes on single-use plastic carrier bags distributed by retailers. In the most recent 188th...more

Critical SEC Deadline Fast Approaching: December 1 Deadline for Issuers and Obligated Persons to Participate in the SEC’s MCDC...

While underwriters choosing to participate in the Securities and Exchange Commission’s (“SEC”) Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”) were required to self-report violations by...more

Maine Supreme Court Upholds Conditional Rezoning: What it means for Municipalities

The Maine Supreme Court issued a decision last week that upholds a municipality’s authority to conditionally rezone property, provided that the decision is rationally based upon the record evidence. In Charles Remmel, et al....more

Florida Appellate Court: Open Meeting Law Applies to Collective Bargaining - The Florida Court Holds That a Mediation Settlement...

In a crucial victory for transparency, a Florida state appeals court ruled on Oct. 21, 2014, that the law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the...more

Enhanced Infrastructure Financing Districts: New Hope for Cities and Counties

On September 29, 2014, Governor Jerry Brown signed into law Senate Bill 628 (Chapter 785) which provides a mechanism for cities and counties to form Enhanced Infrastructure Financing Districts (EIFDs) to divert property tax...more

Municipal Issuers Face Dec. 1 Deadline For MCDC Self-Reporting

State or local government entities, special tax districts, hospital districts and other municipal bond issuers face a December 1 deadline to respond to the SEC Enforcement Division’s “Municipalities Continuing Disclosure...more

FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements

Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff...more

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...more

Groundwater Basin Boundaries and Priorities Will Impose New Management Challenges on Local Agencies

The Sustainable Groundwater Management Act, which takes effect Jan. 1, requires that the Department of Water Resources categorize each of California’s 515 alluvial groundwater basins and subbasins as high, medium, low, or...more

Blog: California Bankruptcy Judge Rules that State Law Does Not Protect Pension Fund from Municipal Bankruptcies

On October 1, a bankruptcy judge ruled that the pension agreement between Stockton, California and Calpers, California’s massive state-run pension fund for public employees, is an executory contract that can be rejected in...more

Fall 2014 Municipal Revaluations in Connecticut

A number of Connecticut municipalities (see list at the end of this alert) plan to conduct revaluations effective October 1, 2014. For those with commercial real property located in one of the communities on the list,...more

Leases Not Subject to Business Privilege Taxes - Commonwealth Court Case Presents Refund Opportunities

The Pennsylvania Commonwealth Court, in a 5-2 decision, held that the Local Tax Enabling Act ("LTEA") bars taxing jurisdictions from imposing business privilege taxes, on leases or lease transactions. Fish, Hrabick and...more

Raleigh and Wake County Websites Recognized Among Best, Nationwide

As any good business knows, a good website is critical. A good website provides an impression, serves at a repository for information, functions as a means of communication and works as a vehicle for a transaction, among...more

Construction Defect Claims Tackled By Lakewood

The impact of construction defect lawsuits on condominium development in Colorado has been a hot topic recently. Colorado law treats residential construction differently than non-residential construction. This increases the...more

CFTC Finalizes Exception for Swaps with Utility Special Entities

The Commodity Futures Trading Commission (CFTC) last week released a final rule excluding certain electricity and natural gas swaps with governmental agencies and municipalities from the lower de minimis threshold for swaps...more

For Some CalPERS Employers, Withdrawing from CalPERS is Not Feasible, So Why Not Look at Alternatives?

An article published in Thursday’s edition of The Bond Buyer highlights a rising concern of counties, cities and special districts that provide retirement benefits to their employees through the CalPERS pension plan: That,...more

“Stay Put” Seizure by Law Enforcement Clarified by the Court

When officers carry out a “consensual encounter” with a member of the public, unless they have reasonable suspicion that someone is breaking the law, they are not permitted to detain the person for any longer than necessary...more

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is...

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful...more

City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

New RLUIPA Suit Accuses Two New York Municipalities of Anti-Semitism

The Village of Bloomingburg, NY (Village) and the Town of Mamakating, NY (Town) are facing allegations of religious discrimination in land use regulation. On September 8, 2014, the Bloomingburg Jewish Education Center,...more

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the...more

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

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

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