News & Analysis as of

Municipalities

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Keep Calm and Call the Lawyer: Understanding the Role of a Municipal Solicitor

by Tucker Arensberg, P.C. on

Newly elected officials may be surprised to discover their votes and actions have legal implications. Preventing a resident from speaking at a public meeting may result in a violation of the First Amendment and a civil rights...more

California Supreme Court Holds Groundwater Pumping Charges Are Not Property-Related Charges Subject to Proposition 218 - Case May...

by Best Best & Krieger LLP on

The California Supreme Court concluded recently that a local water agency’s groundwater pumping charges are not property-related charges subject to the substantive and procedural requirements of California Constitution...more

Florida’s “Vacation Rental” Laws To Be Readdressed in 2018 Legislative Session

Florida’s state legislators have begun filing their initial bill proposals for the 2018 Legislative Session, and it looks like the battle over local government regulation of vacation rentals (a.k.a. “short-term” rentals) will...more

Learning a Lesson from Flint: New York State Takes Important Steps to Ensure Clean Drinking Water

by Farrell Fritz, P.C. on

Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents, including children, due to unsafe lead-related toxicity levels in the drinking water, New York...more

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

by Pierce Atwood LLP on

In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

De Pere Joins Wisconsin Municipalities With Nondiscrimination Ordinances

On November 21, 2017, the De Pere city council added to Wisconsin’s list of municipalities with local nondiscrimination ordinances. For employers, the De Pere ordinance creates a unique protected class in Wisconsin: victims...more

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

by Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

Beer Brand Battles: David Takes on City Hall (with Goliath on the sidelines)

by Winthrop & Weinstine, P.A. on

The City of Portland is known as a hub for craft beer, and its local government couldn’t be prouder. The Travel Portland website proudly proclaims that Portland is “home to more breweries than any other city on earth.” Yet...more

Albany County: The Newest Jurisdiction to Prohibit Salary History Inquiries

The Albany County Legislature recently amended the Human Rights Law for Albany County to join New York City, Philadelphia, Massachusetts, Delaware, Oregon, Puerto Rico, California, and San Francisco in banning inquiries into...more

Could a Casino be Coming to Your Neighborhood? Opt-Out Deadline Approaching!

by Tucker Arensberg, P.C. on

A Category 4 slot machine licensee will be authorized to operate no less than 300 and no more than 750 slot machines at a licensed facility (“ Category 4 casino”). Act 42 prohibits a Category 4 casino from being built...more

Failure to Exhaust Administrative Remedies Dooms Nightclub’s Challenge to City Inspectors’ Administrative Reduction of Allowable...

by Miller Starr Regalia on

The threshold procedural requirements for litigating decisions made by California municipalities are critically important, and failure to meet such requirements generally leads to harsh results. These issues were on full...more

Proposed Tax Reform Legislation Would Increase Financing Costs for Issuers of Tax-Exempt Bonds

by Miller Canfield on

The U.S. House of Representatives has passed its Tax Cuts and Jobs Act (the “House Bill”), and while much of the national media has focused on its impact on corporate and individual tax rates and deductions, the bill also...more

Attorney General: Municipalities May Lose Hundreds of Millions in Federal Grant Over Local Immigration Policies. DOJ Sets December...

On Wednesday, Attorney General Jeff Sessions sent letters to 29 local governments considered “sanctuary cities,” warning of a December 8, 2017, deadline to end policies that prevent information-sharing between local...more

City Prevails in Home Design Dispute - City of Lafayette Represented by Partners Scott Ditfurth and Mala Subramanian

by Best Best & Krieger LLP on

Best Best & Krieger LLP partners Scott Ditfurth and Mala Subramanian successfully represented the City of Lafayette in a dispute with homeowners over their proposed home building plan. In a fight that centered on maintaining...more

Social Media & Municipalities: A Roundtable with SmithAmundsen’s Municipal Attorneys

by SmithAmundsen LLC on

In our digital evolving age, social media platforms create a multitude of opportunities to engage the citizenry. They also create a minefield of dangers for municipalities to avoid. Moderator, Julie Proscia, led a...more

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

by Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

by Pierce Atwood LLP on

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected...more

Miami Voters Approve "Sea Level Rise" Bond Initiative

Yesterday, Miami voters approved a $400 million dollar general obligation bond initiative with nearly half of the bond money ($192 million) going toward infrastructure projects to specifically, “Reduce Flooding Risks; Improve...more

Changing status of EU local authorities under MiFID II

by Ropes & Gray LLP on

Asset managers located inside and outside the European Union (“EU”) should be aware of the changing regulatory status of EU local authorities, and their pension funds, under the next iteration of the Markets in Financial...more

New Vacation Rental Regulations Coming to Miami-Dade

Miami-Dade County recently passed a new ordinance targeting vacation rentals, which would affect hundreds of active short-term rental properties including those listed on the popular websites AirBnB, HomeAway, and VRBO. This...more

British Columbia Takes Action to Reform Municipal Campaign Finance

by Bennett Jones LLP on

Further to our article of October 10, 2017, we note that on October 30, 2017, the government of British Columbia introduced amendments to the Local Elections Campaign Financing Act that will change municipal campaign...more

Will Illinois Ban Salary History Inquiries? Hang on for a Bumpy Override!

by Littler on

As the 2017 legislative session closed in Illinois, Governor Bruce Rauner vetoed several measures relating to labor and employment issues. He rejected a statewide minimum wage increase, for example, as well as a ban on salary...more

Federal Oversight of Zoning within the Fire Island National Seashore

by Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

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