News & Analysis as of

Municipalities

PRA Fee Award Narrowed to Cover the Issue of Scope of Redactions - Part I: Pasadena Police Officers Association v. City of...

by Best Best & Krieger LLP on

A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more

District Attorneys Can Deputize City Attorneys to Prosecute Misdemeanors - Appeals Court Decision Good for California Cities and...

by Best Best & Krieger LLP on

In a victory for cities and counties, a California appellate court confirmed that city attorneys can be deputized by the District Attorney to prosecute misdemeanors, even when the alleged crimes occur outside of the city...more

Appellate Court Upholds Trail Immunity And Protects Pasadena from Liability - Court clarified availability of trail immunity...

by Best Best & Krieger LLP on

Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he...more

The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

by Farrell Fritz, P.C. on

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. ...more

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

by Best Best & Krieger LLP on

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

SB 2 Recording Fees: State Clarifies Exemptions - California and its Cities, Counties and Other Political Subdivisions May be Due...

by Best Best & Krieger LLP on

The State of California, as well as cities, counties and other political subdivisions in the State, are officially exempt from paying a recently enacted $75 fee for document recording. This clarification came with the passage...more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

by Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

by Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Atlanta Cyberattack Shows Importance of Cybersecurity for Municipalities

On March 22, 2018, a cyberattack hit the City of Atlanta. A ransomware program infected the City’s computer systems. That malware encrypted the city’s files, and officials believe it may also have provided unauthorized...more

Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on...

by Farrell Fritz, P.C. on

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision...more

Michigan Expands its Preemption Law to Cover Interview Limitations

by Littler on

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. ...more

“Frivolous” Town Complaint Results in Attorney’s Fees Award for Affordable Housing Developer

by Beveridge & Diamond PC on

The Massachusetts Land Court’s recent award of attorney’s fees to an affordable housing developer serves as a warning to municipalities opposed to affordable housing projects under the Massachusetts affordable housing...more

Defining “Existing” Structures in Sea Rise Shoreline Protection - California Coastal Commission and City of San Clemente Reach LUP...

by Best Best & Krieger LLP on

Disagreement over the definition of the word “existing” in discussion over shoreline protection took center stage in the City of San Clemente’s Coastal Land Use Plan update....more

Still "Open for Business" – New Wisconsin Legislation to Preempt Most Local Employment Ordinances

by Littler on

In recent years, cities, counties, and other local government bodies across the country have enacted ordinances increasing the minimum wage, granting paid and unpaid sick leave, placing restrictions on how employees are...more

San Francisco Finally Poised to Adopt Central SoMa Plan

Following more than six years of planning and public outreach, the City initiated the formal approval process for the Central SoMa Plan (Plan) at the Board of Supervisors and Planning Commission on February 27 and March 1,...more

New Law Consolidates Tax Increment Authorities, Imposes New Reporting Requirements

by Miller Canfield on

Tax increment authorities and municipalities face new transparency and reporting requirements under a recently signed law. The Recodified Tax Increment Financing Act, 2018 PA 57 (“Act 57”) was signed by Gov. Rick Snyder on...more

Opportunity Zones Could Spur Private Investment in Low Income Areas

by Harris Beach PLLC on

The latest tax reform passed in the Tax Cuts and Jobs Act (TCJA) created a new incentive which will impact real estate development in low-income communities by creating “Qualified Opportunity Zones.” The impact of these...more

Border Wars – Queens versus Nassau

by Farrell Fritz, P.C. on

With all the talk about a border wall between the United States and Mexico, we were amused to come across a proposed law that is pending in both the Assembly and Senate of the New York State Legislature to establish a Nassau...more

Farewell to Costa-Hawkins Agreements for On-Site Affordable Rental Units in SF

San Francisco wasted no time implementing AB 1505, which authorizes localities to adopt ordinances requiring developers to provide on-site inclusionary affordable housing units in rental projects, provided that there is an...more

Informing Illinois Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Illinois Supreme Court Says Gun Ban Near Parks Is Unconstitutional - On February 1, 2018, the Illinois Supreme Court struck down the portion of the Unlawful Use of a Weapon (UUW) statute that criminalized the possession of...more

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

OTA & Travel Distribution Update - SwayPay seeks to simplify payment processing and Hotel Bonanza hits the 10,000 mark in hotel...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending March 2, 2018 is below. Nothing too remarkable in this week’s Oscar-shortened Update....more

New Laws Part II: 2018 Ushers in Changes to Land-Use, Development Laws

by Best Best & Krieger LLP on

As we noted in Part I of this two-part series, lawmakers passed a wave of new laws in 2017. Today we look at the bold moves California legislators made to address the State’s affordable housing crisis, while passing a...more

Wisconsin School and Municipal Employee Unions Must Petition for Election by September 15 to Avoid Decertification

Wisconsin Statutes Section 111.70(4)(d)(3) provides that, “Annually, the [Wisconsin Employment Relations Commission] shall conduct an election to certify the representative of the collective bargaining unit that contains a...more

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

by Pierce Atwood LLP on

Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

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