News & Analysis as of

Municipalities

Spotlight on Alabama: Supreme Court Affirms Limitations of Municipal Business License Tax on Out-of-State Suppliers

by Baker Donelson on

The Code of Alabama grants municipalities certain powers related to the imposition of business license taxes on trades, businesses, or vocations which may be engaged in or carried on in the municipality. This authority is...more

FOIL Request Denials Could Come with a Cost to NYS Agencies and Municipalities

by Harris Beach PLLC on

State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more

Will Your Municipality Be Liable For Its Failure To Conduct Mandatory Property Inspections?

by Murtha Cullina on

The Connecticut Supreme Court recently issued a decision which opens the door for municipalities to be held liable for failing to conduct mandatory property inspections. In Williams v. Housing Authority of Bridgeport, 327...more

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

by Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

STB Preempts a City's Effort to Force a Railroad to Reinstall a Grade Crossing

by Nossaman LLP on

In a recent preemption decision, the Surface Transportation Board (“STB”) rejected a city’s attempt to mandate that a railroad reinstall a grade crossing. The STB’s order appears to call into question the enforceability of...more

Bidding Thresholds for 2018 Rise

by Barley Snyder on

The Pennsylvania Department of Labor & Industry’s municipal authority and municipality bidding thresholds will rise 2.2 percent in 2018. ...more

Education Legislation Summary: 2017 Special Session – Biennial Budget, Connecticut General Assembly

by Shipman & Goodwin LLP on

On October 26, 2017, the General Assembly passed Emergency Certified Bill 1502 (“Bill 1502” or “the Bill”). The Bill was signed by Governor Malloy on October 31, 2017 (except for a line item veto related to hospital charges)....more

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

by Holland & Knight LLP on

• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

Environmental Justice Element Now Required for California’s General Plans

As of January 1, 2018, California’s cities, counties, and charter cities are required to either adopt an Environmental Justice Element in their General Plan or integrate Environmental Justice policies and goals into the...more

New Year, New Minimum Wage Rates in California

Beginning January 1, 2018, the new California minimum wage rate for employers with 26 or more employees will be $11.00 per hour and the new California minimum wage rate for employers with 25 or fewer employees will be $10.50...more

The Impact of Tax Reform on Michigan Municipalities and School Districts

by Miller Canfield on

The U.S. House and Senate have approved the reconciled tax reform bill that was reported out of the House and Senate Conference Committee last week. The bill was passed on Dec. 20, 2017, and has been sent to the President for...more

Court Finds Florida Statute Preempts Miami Beach Minimum Wage Ordinance

On December 13, 2017, a Florida district court of appeal held that Miami Beach violated Florida law by enacting a local ordinance increasing the minimum wage. According to the court, Florida law prohibits municipalities from...more

Education Legislation Summary: 2017 Special Session - Biennial Budget

by Shipman & Goodwin LLP on

On October 26, 2017, the General Assembly passed Emergency Certified Bill 1502 (“Bill 1502” or “the Bill”). The Bill was signed by Governor Malloy on October 31, 2017 (except for a line item veto related to hospital charges)....more

Supreme Judicial Court Sets Limitation on Chapter 40B’s Broad Grant of Authority to Local Zoning Boards

by Beveridge & Diamond PC on

In a rare limitation on the broad scope of Massachusetts’ affordable housing law, the state’s top court ruled that amendments by a local board to municipally owned deed restrictions are not covered by the law. In the case...more

New Year’s Surprise: Seattle Changes Paid Sick Leave Law At Last Minute

by Fisher Phillips on

Washington employers are already under the gun to develop policies and practices to meet the requirements of the state’s new paid sick law that takes effect on January 1, 2018. Those with multiple Washington locations have...more

Another Bite At The Apple, Another Opportunity for Appeal

by Strasburger & Price, LLP on

Many interlocutory orders in Texas state court can be immediately appealed, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley, recently...more

Sherman & Howard Public Finance Advisory: UMB Bank, N.A. v. Landmark Towers Association

by Sherman & Howard L.L.C. on

On Monday, December 11, 2017, the Colorado Supreme Court issued an important decision with respect to the election process that is necessary for much of Colorado public finance. The case arises out of an election held...more

Housing Choice Initiative

by Bowditch & Dewey on

Housing Choices, Housing Development On Monday, December 11, 2017, the Baker Administration announced the Housing Choice Initiative, which is intended to increase housing development in Massachusetts. The Initiative intends...more

Florida Appellate Court: State Law Does Not Allows Local Minimum Wage Ordinances

An appellate court has denied Miami Beach’s latest effort to establish a mandatory minimum wage for employees in that city. Earlier this year, Miami Beach’s minimum wage law, which was intended to raise the mandatory...more

West Virginia, Tightening the Belt, and Growth - Financing Public Improvements in Lean Budget Times

Since 2008, many state and local governments around the country have faced budget challenges. As lawmakers struggle to produce balanced budgets in the face of declining revenues, investment in public improvements, such as...more

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

A Question of Liability for Emergency Responders and Municipalities

by Harris Beach PLLC on

As another State legislative cycle begins in 2018, there is a municipal liability issue that deserves attention regarding the liability protections extended under New York law to emergency vehicle operators. When a vehicular...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

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