Municipalities

News & Analysis as of

Appellate Court Notes

SC19118 - E & M Custom Homes, LLC v. Negron - New home warranty claim was successfully asserted as a counterclaim to a mechanic lien foreclosure. You will have to read the Appellate Court decision to find out what...more

N.C. Appellate Court Speaks On Attorney Fee Recovery Law Applicable to Local Governments

In 2011, the North Carolina General Assembly enacted the following statute allowing payment of attorney fees in the face of certain local government acts...more

Montclair and Trenton Join Ranks of New Jersey Cities with Paid Sick Leave Laws

Election Day 2014 saw the passage of two more paid sick leave municipal ordinances, bringing the New Jersey state total to eight as of this writing. Suburban Montclair and the capital city of Trenton have joined East Orange,...more

New Jersey Workplace Poster Requirements Continue to Grow

New Jersey employers may need to put “bigger bulletin board” on their holiday list this year as the number of required workplace posters continues to grow, especially with the proliferation of municipal paid sick leave laws....more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

New RLUIPA Suit: Mount Zion Church of God in Christ v. City of Garden City, Kansas

Garden City, Kansas is being sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the U.S. Constitution, and state law over allegations that it has discriminated against a local church, Mount Zion...more

Community Redevelopment Law Conflict-of-Interest Rules Apply to Successor Agencies

California Attorney General Weighs In on Rule That Will Impact Members of Successor Agencies’ Governing Boards and Employees - The California Attorney General recently opined that the conflict-of-interest rules under...more

Illinois Supreme Court Agrees to Decide Whether Fire District Owed Tort Duty to 911 Caller

In the closing days of its September term, the Illinois Supreme Court agreed to decide a question of potentially great import for Illinois first responders: do public entities and their employees owe a tort duty of care to...more

Illinois Supreme Court Agrees to Decide Remedy for Unserved Notices of Violation

What happens when the City doesn’t properly serve a notice of building code violations? In the closing days of its September term, the Illinois Supreme Court agreed to decide that issue in Stone Street Partners, LLC v. City...more

Ohio Elections Yield Mixed Results on Local Hydraulic Fracturing Bans

Last week’s Election Day in Ohio produced victories for fracing supporters and opponents alike. Proposed hydraulic fracturing bans were on the ballot in four different municipal contests. Voters in one city, Athens, approved...more

Two New Minimum Wage Increases Pass In Northern California

In the wake of a debate over increasing the federal minimum wage, two Northern California cities voted to increase their local minimum wage rates during the recent midterm elections. On Tuesday, November 4, 2014, San...more

Yours, Mine, and Ours

Locally levied sales and use taxes make up the second largest source of tax revenues for counties and municipalities in North Carolina. Therefore, how these taxes are distributed among local governments can be very important...more

U.S. Supreme Court Rules that Failure to Include Section 1983 Claim in Complaint is Not Fatal to Suit Against State Actor

On November 10, 2014, the U.S. Supreme Court entered a per curiam order in Johnson v. City of Shelby, Mississippi, reversing the Fifth Circuit Court of Appeals’ opinion affirming the dismissal of a suit against a Mississippi...more

Insights from Ballard Spahr’s annual Housing Authority Summit

At yesterday’s Housing Authority Summit, representatives from housing authorities, HUD’s Office of Public Housing Investments and RAD teams, housing legislative advocates, key industry financial and advisory consultants and...more

DOJ Criminal Cartel Enforcement: Six-Month Summary

This is the first in what we expect to be a series of updates on DOJ criminal actions in the cartel area. Here, we look at highlights over the last six months in the DOJ’s investigations of the auto parts industry, LIBOR, and...more

Dallas Voters Approve City Charter Amendment Prohibiting Discrimination Against City Employees based on Gender Identity and Sexual...

On November 4, 2014, voters in Dallas approved an amendment to the City Charter to add nondiscrimination protections for LGBT city employees....more

Participation Not Required: SEC Charges Mayor as Control Person in Municipal Bond Offering

In an unprecedented exercise of its authority to charge municipal officials with “control person” liability, the Securities and Exchange Commission (SEC) recently announced fraud charges against the City of Allen Park,...more

SEC Ramps Up Municipal Enforcement

The SEC continues to ramp up its Enforcement efforts in the municipal-securities realm. The agency announced a series of settled actions on November 6....more

Pennsylvania Amends Act 47 to Give the Commonwealth More Oversight and its Municipalities Less Time to Reorganize

Pennsylvania’s legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as “Act 47.” HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014....more

SEC Charges City Mayor as a Control Person in Allen Park, Michigan, Enforcement Action

Thursday, the Securities and Exchange Commission (SEC) announced fraud charges against the City of Allen Park, Michigan (City), and two of its former officials—the former City Mayor and former City Administrator. It is the...more

Act 47: Pennsylvania Says Enough Is Enough. Or Is It?

Pennsylvania Governor Tom Corbett today signed House Bill 1773 (HB 1773) into law, significantly overhauling the Municipalities Financial Recovery Act, known as Act 47. Enacted in the 1980s to provide assistance to...more

MSRB Proposes Gift Limitations for Municipal Advisors

The MSRB last week proposed an extension of its gift-limitations Rule G-20 to encompass municipal advisors. The Proposed Rule generally limits gifts in relation to municipal securities or advisory services to $100 per year. ...more

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

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