News & Analysis as of

Vested Rights Doctrine

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

by Hinshaw & Culbertson LLP on

California employers know they must compensate any employee unused and vested vacation pay upon separation from employment. Once vacation is vested, the right to vacation pay cannot be forfeited. But what happens when...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

Vested Rights – Court of Appeals Update

by Farrell Fritz, P.C. on

Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014]....more

What’s Next After First District Court of Appeals’ Vested Rights Decision in MAPE v. MarinCERA?

by Nossaman LLP on

On Aug. 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MarinCERA, et al. (Aug.17, 2016, A139610) upholding the constitutionality of certain aspects of the...more

Quicksands and Cutting Edges of the Law: Do Municipal Utility Customers possess Due Process and Vested Rights to Continued...

Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5,...more

First District Court of Appeal Weighs in on the Law of Vested Rights in California

by Nossaman LLP on

On August 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MCERA, et al. (August 17, 2016, A139610) ___ Cal.App. 4th ___, ___ Cal.Rptr.3d___ [2016 WL...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Vested Rights Conferred Under Local Ordinance Trump Conditional Use Permit Requirement Later Imposed by Emergency Ordinance

by Miller Starr Regalia on

On June 23, 2016, in Stewart Enterprises, Inc. v. City of Oakland, __ Cal.App.4th __ (2016) (Case No. A143417), the Court of Appeal for the First Appellate District issued an important decision dealing with whether a new...more

Searching for the Heart of the Doctrine of Vested Rights Part II

On July 7, 2015, we posted “Searching for the Heart of the Doctrine of Vested Rights.”(See here) In that post, we compared a Court of Appeals’ decision in a public school teachers’ vested rights case with a decision of the...more

Sixth Circuit Rules that Employer Can Terminate Retiree Health Benefits

The Sixth Circuit ruled that retirees of Moen Inc. were not entitled to lifetime health benefits upon finding that an underlying collective bargaining agreement (CBA) did not create vested rights to these benefits. Moen and...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

by Lane Powell PC on

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of...

by Miller Starr Regalia on

CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more

What does "will be insured" actually mean?

by Kirton McConkie PC on

Balancing obligations to provide health and life insurance benefits to retirees with other legitimate business needs can be tricky. Although retirees depend on the benefits, employers may need to modify benefit plans for...more

60 Crummey Withdrawal Beneficiaries Allowed

by Charles (Chuck) Rubin on

For many years, courts have recognized that gifts to a trust can qualify for the gift tax annual exclusion as “present interest” gifts if withdrawal powers are granted to beneficiaries.The IRS is hostile to persons being...more

For Some CalPERS Employers, Withdrawing from CalPERS is Not Feasible, So Why Not Look at Alternatives?

by Best Best & Krieger LLP on

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

Delaware Court of Chancery Rejects Indemnification Sleight of Hand

In Branin v. Stein Roe Inv. Counsel, LLC, C.A. 8481-VCN, 2014 WL 2961084 (Del. Ch. June 30, 2014), the Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to...more

Court's Tentative Decision on San Jose's Pension Reform Measure Appears to Favor City

by Best Best & Krieger LLP on

However, the Vested Rights Doctrine Proves Fatal to Core Pension Reform Measures - A tentative decision on the legal challenges to the City of San Jose’s pension reform measure, Measure B, was released late last month....more

California Mayors Propose Game-Changing Pension Reform: The Act Will Permit Public Employers to Modify Benefits of Current...

by Best Best & Krieger LLP on

In October, five California mayors proposed a statewide initiative – The Pension Reform Act of 2014 (Act) – which, if approved, will amend the California Constitution. The Act was amended last month for the principal purpose...more

Global HR Hot Topic - November 2013: How to Cut (or “Restructure”) Employment Terms, Work Hours, Benefits and Pay Outside the...

by White & Case LLP on

Employment-at-will offers American employers broad freedom to cut their staff’s terms and conditions of employment, work hours, employee benefits—even compensation, bonuses, commissions and base pay. Indeed, American bosses...more

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