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Police Power

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Miller Starr Regalia

Second District Reverses Preliminary Injunction, Holds CEQA Cannot Trump Santa Barbara County’s Authority To Remove Unpermitted...

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“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of Appeal (Div. 6) reversed the trial court’s grant of a preliminary...more

McNees Wallace & Nurick LLC

Attorney Fee Provision in Pa.’s Clean Streams Law May Run Afoul of 14th Amendment

Imagine you’ve purchased some land and plan to build your dream home. You know you need several government approvals, and your contractor says this includes something called a “Chapter 102″ permit. No problem. The folks at...more

Miller Starr Regalia

Epic Battle over Lafayette Housing Project Finally Ends as California Supreme Court Refuses to Review Unanimous Court of Appeal...

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After 12 arduous years, the 315-unit Terraces of Lafayette apartment project is finally clear to be constructed now that the California Supreme Court rejected Save Lafayette’s request for review. The Court also rejected Save...more

Miller Starr Regalia

Court Rejects Meritless Challenge to Livermore Affordable Housing Project

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On January 26, 2023, in Save Livermore Downtown v. City of Livermore, __Cal.App.5th __ (2021) (Case No. A164987), the First District Court of Appeal affirmed a trial court decision rejecting a local NIMBY group’s challenge to...more

Bennett Jones LLP

Police Amendment Act Proposes Significant Reforms

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The first major reform of Alberta's policing act in over 30 years received royal assent on December 15, 2022. When brought into force, the Police Amendment Act, 2022 , among other things, will champion a "policing-by-consent"...more

Miller Starr Regalia

Miller Starr Regalia Prevails in Landmark Housing Accountability Act Case

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The Terraces of Lafayette is a 315-unit housing development project in Lafayette, California that is perhaps the poster child project under the state’s most important housing production law, known as the Housing...more

Cranfill Sumner LLP

The Mortality of Immunity

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Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued...more

Miller Starr Regalia

Court Holds that the Legislature Really Did Dissolve Redevelopment Agencies and Rendered the 15% Affordable Housing Requirement...

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The AIDS Healthcare Foundation is an extremely well-funded Los Angeles-based non-profit that now engages in some of the most pernicious anti-housing activities in California.  The organization recently challenged the approval...more

Miller Starr Regalia

“This Woeful Record”: First District Affirms Judgment Rejecting CEQA Challenges To Marin County’s Approval of 43-Home Mountaintop...

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On May 12, 2022, the First District Court of Appeal filed a 108-page published opinion affirming a judgment denying a CEQA writ petition that challenged Marin County’s approval of a 43-lot single-family residential...more

Whitman Legal Solutions, LLC

“Vexations” and Uncertainty in Workplace COVID-19 Vaccine Mandates

Regardless of one’s politics or position on COVID-19 vaccine mandates, “Vexatious” is a word that also can be used to describe the situation with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more

Bilzin Sumberg

Department of Justice Appeals Federal Court’s Decision on Constitutionality of COVID-19 Eviction Moratorium

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On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more

WilmerHale

Chicago Mayor Lori Lightfoot on Policing Reform

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US Commission on Civil Rights Commissioner and WilmerHale Partner Debo Adegbile and Chicago Mayor Lori Lightfoot discuss the US Conference of Mayors’ blueprint for improving policing and promoting equal justice in America’s...more

American Conference Institute (ACI)

[Webinar] 11th Annual Law of Policing Conference - November 4th - 5th, 9:00 am - 5:00 pm PST

Canadian Institute’s 11th Annual Law of Policing Conference, returns this year, in a fully virtual and interactive format where experts will delve into legislative updates, precedent-setting cases, police liability and the...more

Ballard Spahr LLP

Federal Judge Strikes Down Key COVID-19 Orders in PA

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On Monday, September 14, U.S. District Court Judge William S. Stickman IV became the first federal or state judge in Pennsylvania to strike down Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic....more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more

Hicks Johnson

Government-Mandated Closures: Who is Liable If Businesses Fail?

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Introduction - As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more

Best Best & Krieger LLP

COVID-19 Orders: Government Takings?

In Law360, BB&K's Gene Tanaka and Emily Chaidez Evaluate if COVID-19 Orders are Temporary Takings - The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

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Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 11

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more

Dechert LLP

Fresh Air and Fresh Start: Are Environmental Regulatory Penalties Dischargeable?

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Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more

UB Greensfelder LLP

[Webinar] COVID-19 Collision between Landlords and Tenants: Legal Theories and Compromise Strategies - May 20th, 2:00 pm - 3:00 pm...

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As a result of COVID-19, landlords and tenants are coming face-to-face with legal theories that they may never have encountered before, such as force majeure, frustration of purpose, impossibility of performance,...more

McManis Faulkner

COVID-19: History And The Law--How Far Is Too Far?

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Covid-19 has changed our way of life.  Meeting old friends, dinner with the parents, a first date for our single friends, have all been forbidden, arguably making some of our favorite pastimes criminal.  In places like Santa...more

Holland & Knight LLP

Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

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It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more

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