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Two Courts Offer Election Guidance: Slow-Walking Ballots is Unconstitutional

Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap - Two recent cases indicate a judicial willingness to intervene in election processes to protect and broaden voting rights. The cases...more

Postponing a Presidential Election and the Law

BB&K's Henry Castillo Writes About the Legal Authority for Election Postponement in PublicCEO - Pundits across the nation are discussing whether the president has the constitutional authority to postpone a federal...more

$6 Million Fine for Trustee Who Knowingly Allowed Illegal Cannabis Dispensaries on Property Owned by Trust

California Appellate Court Says Trustee Can be Held Personally Liable - A trustee can be held personally liable for flagrant violations of a city’s zoning code, a California appellate court held last week. When a person acts...more

Cities Have Broad Discretion to Determine Their Rent Control Programs

Court of Appeal Holds Cities May Enact Various Forms of Residential Rent Control Measures - Cities can decide what rent control scheme to adopt and what base year to use for rent setting in drafting local rent control...more

Local Government Has an Important Interest in Adjudicating Zoning Disputes

Ninth Circuit Dismisses Case Brought Against Alameda County for Zoning Requirements - The U.S. Ninth Circuit Court of Appeals recently dismissed an appeal by Citizens for Free Speech against Alameda County, (Citizens for...more

Takings Claim Fails on “Ripeness” Grounds

Ninth Circuit Decision in Apartment-Condominium Conversion Program Dispute - Property owners who claimed the City and County of San Francisco’s apartment-to-condominium building conversion program’s lifetime lease...more

Determining a “Super Majority” When Council Members are Missing

California Appellate Court Looks to Local Ordinance’s Intention for Determination - In determining what makes a “super majority” of a governing body, a California appellate court said the entire number of seats on the body...more

[WEBINAR] Clearing the Smoke: 3 Years of Legal Cannabis in California [Video]

It’s been 3 years since the 2016 voter initiative, Proposition 64, legalized cannabis in California. The Adult Use of Marijuana Act, also known as AUMA, passed with 57 percent voter approval and became law Nov. 9, 2016. What...more

New “Source of Income” Materiality Standard

FPPC Adopts Amended Regulations (Part 2) - As part of its on-going Regulation Project to update and revise certain Fair Political Practices Commission Regulations, the FPPC recently adopted and issued an amended regulation...more

New “Materiality” Standard for a “Business Entity”

The Fair Political Practices Commission adopted and issued an amended regulation defining the “materiality” standard for a “business entity” financial interest that can give rise to a conflict under California’s Political...more

New California Cannabis Regulations Approved - OAL Approves Cannabis Delivery and Other Regulations

California’s Office of Administrative Law has approved state cannabis regulations to permanently replace the previous emergency regulations, effective immediately. The new regulations — totaling 138 pages — regulate cannabis...more

[WEBINAR] Enforcement of Solicitation/Panhandling Regulations and Overview of SB 946 (Sidewalk Vending) [Video]

The recent invalidation of the City of Sacramento’s aggressive solicitation ordinance in SRCEH v. City of Sacramento illustrates the dilemma faced by cities when trying enforce regulations that affect free speech rights. This...more

Laws Regulating Campaign Contributions Must Be Narrowly Tailored to Combat Corruption - Ninth Circuit Holds That States Have an...

State limits on individual and party contributions to candidates and election-related groups do not violate the First Amendment, the Ninth Circuit U.S. Court of Appeals recently ruled....more

Local Ordinances Cannot Permit Prosecution for Sleeping Outside on Public Property When No Shelter is Available - Ninth Circuit...

Cities cannot prosecute people criminally for sleeping outside on public property if they have no home or no other shelter to go to, the U.S. Ninth Circuit Court of Appeals ruled earlier this week. The court held that...more

Coming to Your Town Soon: Cannabis (Maybe) - State’s Proposed Permanent Marijuana Regulations Limit Local Authority

The State of California has unveiled new proposed permanent regulations for the licensing of commercial cannabis businesses. One of the most controversial provisions affecting local agencies is California Code of Regulations...more

Federal Draft Infrastructure Bill Released - Aims To Provide Revenue To Repair Failing Infrastructure

A draft infrastructure bill, which aims to address the state of America’s infrastructure and remove some of the major federal roadblocks to funding, was introduced this week by U.S. House of Representatives Transportation &...more

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