Public Property

News & Analysis as of

Halloween Ghouls, Zombie Nativities, Toilets with Antlers, and other Offensive Holiday Displays: Zoning Law, the First Amendment...

It’s that time of year again. Seasonal holiday displays are beginning to dot our subdivisions and public spaces. Although most will conform to mainstream cultural, religious and societal norms, the ones that don’t create...more

Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Better Left Alone

April 23, 1985 will live in infamy. It was the day the Coca-Cola Company announced it was changing its “secret” recipe and introducing a new kind of Coke, referred to by the public as simply, “new Coke.”...more

Santa Monica Successfully Asserts “Trail Immunity” For Sidewalk/Path at Palisades Park

Woodland Hills personal injury attorney Barry P. Goldberg is frequently consulted concerning fall accidents and biking accidents in and around Santa Monica. In a recent unpublished case, the Court expanded the immunities...more

Using Copyright Protection in Architectural Works to Police Unauthorized Photographs

Can I stop photographers from taking, displaying, and selling photographs of my building? The answer is, like the answer to so many other questions, maybe. This issue often arises in the context of photographers who...more

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third...

In Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public...more

California Supreme Court More Liberally Defines a “Dangerous Condition” of Public Property

Woodland Hills personal injury attorney Barry P. Goldberg id careful about lawsuits and claims involving alleged dangerous conditions of public property. Proving a “dangerous condition” is not always easy even if the...more

Tragic Death Focuses Attention on Campus Police

While the nation’s attention has been focused on incidents involving the use of lethal force by local police—and ensuing racial and community unrest, protest, and violence—recent incidents involving campus police highlight...more

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates...more

Ten Commandments Monument on Public Grounds Violates Oklahoma Constitution

In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law. We previously reported on the lower court’s decision...more

New Tennessee Business Related Laws Go Into Effect

Hundreds of new Tennessee laws went into effect on July 1, 2015. The following is a summary and link to several new laws which can affect Tennessee businesses. SB 1058 – Wrongful discharge for firearms and...more

Illinois Federal Court Addresses Lawsuit by Christian Leafletter on Public School Property

In a recent decision in the Northern District of Illinois, a trial court granted summary judgment in favor of a school district in a lawsuit stemming from the arrest of a local resident who was leafleting and proselytizing...more

A “Magnificently Convoluted and Contentious” Plat

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently...more

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

Court Permits Political Candidate to Solicit Nominating Signatures on Retailer’s Private Property

The Massachusetts Supreme Judicial Court has ruled that a supermarket violated a political candidate’s state constitutional rights when the store manager prevented him from collecting nomination signatures on the sidewalk...more

Man Smashes Car into Ten Commandments Monument After Oklahoma Court Ruling

The Associated Press reports that an Oklahoma state court, in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), has ruled that a six-foot tall Ten Commandments monument on the grounds of the...more

DOE Issues Final Rule on Federal Green Building Standards

The Federal government has long been a leader in constructing green buildings, and LEED has been the Federal standard of choice. The Department of Energy issued a final rule updating its recommended certification standards...more

House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it...more

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation...more

The Supreme Court Strikes Down Buffer Zone Law

A local government can create a 35-foot buffer zone to restrict speech on a public street only if it has first made a serious effort to address the issue in other ways. Originally published on the IMLA Appellate...more

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

County Employee Injured While Walking From Parking Facility To Work Ineligible For Workers’ Compensation Benefits, New Jersey...

A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more

Weekly Law Resume - January 10, 2013: Dangerous Conditions of Public Property and Third-Party Conduct: The Alleged Condition Must...

Cordova v. City of Los Angeles California Court of Appeal, Second Appellate District (December 20, 2012) Plaintiffs injured by the negligent or criminal acts of others often allege that a dangerous condition of public...more

22 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.