Municipalities

News & Analysis as of

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

Fishers Town Council and Advisory Plan Commission Member Updates

Last week, Eric Moeller was sworn in as the newest member of the Fishers Town Council, replacing former council member Renee Cox, who recently resigned. In May, Moeller won the Republican primary for the North Central Council...more

Legislature Approves Enhanced Infrastructure Financing Districts; Awaiting Governor Signature

Gov. Jerry Brown’s vision for “Enhanced Infrastructure Financing Districts” was approved by the Legislature and is awaiting Brown’s signature. SB 628 (Beall, D-Campbell), a gut-and-amend bill passed in the last week of the...more

Renewable Energy Update -- August 2014 #5

Renewable Energy Focus - Los Angeles' city-owned electric utility raises its energy efficiency ambitions: Energy Collective - Aug 13: The five-member Board of the Los Angeles Department of Water and Power (LADWP) has...more

SEC Brings Another Bond Case Against A State

The SEC’s nationwide review of municipal bond disclosures yielded another enforcement action, this time against the state of Kanas. The Order centers on claims that the state failed to disclose its huge unfunded pension...more

Traffic Ticket Quotas

The policy of assigning quotas for the number of traffic tickets each officer must issue officially ended in Illinois after Gov. Pat Quinn signed legislation in June. This is good news for some drivers but ending the policy...more

Illinois Municipality Concludes Probe on Hostile Work Environment

Blowing the whistle does not always need to involve fraud and malfeasance. Sometimes a culture of apathy allows a hostile work environment to develop that can only be addressed with outside intervention. Employees and...more

The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While...

As highlighted in the SEC’s 2012 Municipal Market Report, the SEC has expressed significant concern that many issuers have not been complying with their obligation to file continuing disclosure documents and that federal...more

Task Force on Governmentally-Mandated Standby Letters of Credit

Unfortunately, as bankers in West Virginia know, these forms are in several respects at odds with letter of credit law and practice. Thus the forms not only are problematic from the standpoint of issuers, but also, they may...more

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC)...

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014...more

SEC Extends Municipalities Continuing Disclosure Cooperation Initiative Self-Reporting Deadline For Issuers and Obligated Persons...

The Securities and Exchange Commission released a statement on July 31, 2014, modifying certain aspects of its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”). The MCDC Initiative provides...more

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