On June 26, 2014, the U.S. Supreme Court decided McCullen v. Coakley, No. 12-1168, holding that a Massachusetts law that prohibits standing on a "public way or sidewalk" within 35 feet of a place (other than a hospital) where...more
Local governments often establish fixed buffer zones to eliminate congestion and to ensure public safety. Does the First Amendment require a significant change in current local practices?
Next Wednesday, January 15th,...more
Downzoning property is always a thorny issue: on the one hand, zoning changes are typical, "police power"-type governmental activities; on the other hand, they can significantly impact property values, and in some cases can...more
In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more
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