News & Analysis as of

Municipalities

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

Paid Sick Leave Laws – City of Chicago and Cook County, Illinois

by Bryan Cave on

The City of Chicago and Cook County have each passed “Paid Sick Leave” ordinances that go into effect July 1, 2017. Employers with employees in Chicago (but not other parts of Cook County) need only comply with the City of...more

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

by Murtha Cullina on

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for...more

Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery...

by Dorsey & Whitney LLP on

Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power...more

No Mandatory Exhaustion of Administrative Remedies for Proposition 218 Challenge - California Court of Appeal Allows Challenge to...

by Best Best & Krieger LLP on

A ratepayer is not required to file a written protest or appear at a public hearing for the adoption of new or increased property-related fees prior to filing a legal challenge to those fees, a California Court of Appeal...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

by Farrell Fritz, P.C. on

The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when...more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”. In the meantime, our...more

Non-Property Owners in Cities and Counties May Now Sue for Wasteful Government Spending - California Supreme Court Decision Widens...

by Best Best & Krieger LLP on

Residents need not pay property taxes in their city or county to have standing to sue the entity for wasteful or illegal expenditures, the California Supreme Court said recently in an opinion that overturned lower court...more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

New Filing Deadline for JPAs Approaches - JPAs Providing Municipal Services Must File with LAFCOs by July 1

by Best Best & Krieger LLP on

The Senate Bill 1266-imposed deadline for joint powers agencies and joint powers authorities to file their joint powers agreements and any amendments with the LAFCO in each applicable county is approaching. JPAs formed prior...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

by Farrell Fritz, P.C. on

In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning,...more

Forfeitures for Ordinance Violations - When Are They Excessive?

by Ruder Ware on

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to...more

Get Ready: An Update on the Cook County and Chicago Paid Sick Leave Laws

The Cook County Commission on Human Rights has issued its final regulations for the Cook County Earned Sick Leave Ordinance. The final regulations, which contain substantial changes from the draft regulations, can be found on...more

What Tools Do Cities Need to Regulate Short-term Rentals?

by Best Best & Krieger LLP on

Beach to ski town and every city in between, it’s easier than ever to book vacation rentals. Today, travelers and homeowners are directly connected through the home-sharing websites Airbnb, VRBO, HomeAway, FlipKey, and...more

If Pain, Yes Gain—Part XXXI: Grab Your First Aid Kit, Chicago Draft Sick Leave Rules Have Arrived

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After months of anticipation and without much notice, Chicago has published its long-awaited draft paid sick leave rules. The Chicago Minimum Wage and Paid Sick Leave Ordinance is set to become effective on...more

Bond Fraud Trial Shows Need to Scrutinize Municipal Revenue Generation

Ramapo, N.Y., Town Supervisor Christopher St. Lawrence is in the middle of a multi-week trial on two dozen securities fraud charges stemming from municipal bond issuances and accounting practices in Ramapo, a Rockland County...more

Rock Hill Golf and Country Club Joins Brookhaven’s Golf Course District

by Farrell Fritz, P.C. on

On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill Golf and Country Club from a one-acre residential lot zone to the Golf Course District. Manorville’s Rock Hill is the first...more

New Potential Threats to Communities from the FCC - Comments Due Soon — BB&K Coalition Formed to Respond

by Best Best & Krieger LLP on

Does your community rent space to wireless providers on your buildings or light poles, or in your rights of way, community parks or water tanks? If so, you need to be aware that the FCC is asking...more

Cities Can Sue Banks for Predatory Lending, U.S. Supreme Court Says

by Best Best & Krieger LLP on

While the nationwide economy has steadily improved since the recession, many cities are still clawing their way back to financial stability. California, in particular, was hit hard by the foreclosure crisis, leaving cities in...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

by Franczek Radelet P.C. on

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

Accessory Uses and Their Pitfalls

by PretiFlaherty on

Municipalities put a lot of thought into comprehensive plans and zoning ordinances to make sure that no uses are allowed which will cause negative impacts on a given neighborhood. However, we often see ordinances that...more

U.S. Supreme Court Sides with Cities, Allowing Lawsuits Against Banks for Fair Housing Act Violations - Bank of America v. City of...

by Best Best & Krieger LLP on

The U.S. Supreme Court has given the City of Miami the go-ahead to sue banks under the Fair Housing Act for alleged racially discriminatory lending practices that resulted in increased foreclosures and fiscal harm to the...more

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