Municipalities

News & Analysis as of

SEC Proposes Amendments to Rule 15c2-12 to Expand Municipal Securities Disclosures

On March 1, 2017, the Securities and Exchange Commission (SEC) published for comment proposed amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (Exchange Act) that would expand the list of events triggering...more

Recycling Infrastructure Assets to Spur Infrastructure Investment

The Trump Administration has the admirable goal of encouraging infrastructure investment. One policy it may want to consider is promoting the recycling of existing municipal infrastructure assets. This policy was developed...more

Chicago Board of Ethics hands down $90,000 fine for failure to register as a lobbyist

The Chicago Board of Ethics recently handed down a $90,000 fine – the highest in its history – against an individual who failed to register as a lobbyist under Chicago's Lobbyist Registration ordinance.  An additional fine of...more

Tax Lien Foreclosure – Rights of Mortgage Holders and Unassessed Owners

Experienced tax collectors and treasurers know that mortgage holders and unassessed owners of record have the right to receive copies of certain notices during the tax lien foreclosure process. But what are these entities’...more

Social Media and Public Records Laws

Social media is ubiquitous these days. Facebook alone, for example, has nearly 1.5 billion monthly active users. Given social media’s widespread use, it is not surprising that some municipalities have sought to harness its...more

SEC Proposes Additional Event Disclosures for Municipal Bond Issuers

On March 1, 2017, the Securities Exchange Commission voted in open meeting to propose amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 adding two event notices to the current fourteen required in...more

Pending Alabama Tax Legislation (2017 Regular Session) State and Local Tax Alert: Alabama Edition

The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The...more

Court Mandates Full Payment of 40B Application Fee for Complete Application: Municipality Successfully Invokes Safe Harbor Due to...

Ruling that a developer who files a comprehensive permit application without paying the full filing fee “does so at its peril,” the Court in Zoning Board of Appeals of Hanover v. Housing Appeals Committee, 90 Mass. App. Ct....more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017 #3

Act 188 Plans On Hold as New Chemical Bill is Introduced - Nearly three years after the legislature passed a law to regulate children’s products containing chemicals of high concern, a web site intended to inform the...more

California Court Blocks Local Measure Banning Ground Application of Biosolids

In a victory for municipalities that recycle biosolids to farmland, Los Angeles’ sanitation district prevailed in its suit against a Kern County initiative banning land application of biosolids. See County Sanitation Dist....more

Plainfield Repeals Local Pay-to-Play Ordinance

New Jersey is home to a multitude of overlapping pay-to play laws. The State has a default statute covering pay-to-play restrictions at the municipal level. In 2006, however, the State Legislature allowed municipalities to...more

Bills Introduced in General Assembly Targeting Sanctuary Jurisdictions

A pair of bills has been introduced in the PA House of Representatives and State Senate that would deny state grants and other benefits to “sanctuary jurisdiction” municipalities, colleges and universities....more

Ontario Municipal Board review: be careful what you wish for

NIMBYists and development antagonists across Ontario are rejoicing with the Province’s unveiling of its latest proposal to reform the Ontario Municipal Board (O.M.B.)....more

Client Alert: Fourth DCA Reverses Itself in Ober, Restores Certainty with Foreclosures

Back in October, Shumaker published a Client Alert which described the judicial uncertainty generated by the decision in Ober v. Town of Lauderdale-by-the-Sea, 41 Fla. L. Weekly 1978, Case No. 4D14–4597 (Fla. 4th DCA, August...more

Annexing Property in Maryland: So You Want to Be Part of Life in the Big City?

Life in the big city has its advantages. Desirable public services, such as police protection, trash collection, public water and sewer service, and other services and amenities are available that you may not have if you live...more

West Coast Real Estate Update: February 2017

Los Angeles, Seattle Top List of Best Markets for Multifamily Investment - Marcus & Millichap's 2017 National Multifamily Index (NMI) ranks Los Angeles and Seattle first and second, respectively, among 46 major domestic...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

The Continued Uncertainty of Paid Sick Leave Laws

Just days after Cook County passed its Paid Sick Leave Ordinance on October 5, 2016, several Cook County suburbs began the process of opting out of the law. So far, four have successfully done so. On November 15, 2016,...more

Seventh Circuit Strikes Down Zoning Regulations and Age Restriction Governing Shooting Ranges

On Jan. 18, 2017, the U.S. Court of Appeals for the Seventh Circuit struck down Chicago's zoning regulations limiting shooting ranges to only a small portion of the city, as well as the city's ban on minors entering shooting...more

South Carolina Court of Appeals, in Olds v. City of Goose Creek, Affirms Circuit Court Order Regarding Definition of Gross Income...

In Olds v. City of Goose Creek, 2016 S.C. App. LEXIS 147, the South Carolina Court of Appeals provides a thorough discussion of the application of the South Carolina business license tax to a taxpayer’s gross income. The...more

New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquires

On January 25, 2017, New Orleans Mayor Mitch Landrieu signed Executive Order MJL17-01, which prohibits questions about salary history during the application process for persons seeking employment with the City of New Orleans....more

Billboards in Unincorporated Areas of California Subject to City, County Regulations

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Fishers City Council Member and Advisory Plan Commission Member Updates

The Fishers City Council recently elected David George to serve as President of the City Council in 2017 and Todd Zimmerman to serve as Vice-President....more

Update: Michigan Library TIF Legislation

Earlier this month, a package of bills was signed into law that would phase out the capture of tax increment revenues generated by library millages by downtown development authorities, tax increment finance authorities, local...more

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