Obtaining a Recreational Marijuana License from Your Local Municipality
State AG Pulse | Local Job, National Impact
It’s Not Easy Being Green: How To Comply with the Latest Cannabis Regulations
Recreational Marijuana Use Legalized in NYS – Your Questions Answered
The State of Cannabis in New York
Williams Mullen's COVID-19 Comeback Plan: Part I – Doing Business With the Commonwealth of Virginia
Lifting the Fog Over Lobbying Compliance
Homeless Assistance Centers and the NIMBY Response
Rapid Transit Zones in Miami-Dade County
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Clearing the Smoke: 3 Years of Legal Cannabis in California
[WEBINAR] Housing and Land Use Legislative Update
[WEBINAR] Navigating California’s New Regulations for Wetlands and State Waters
[WEBINAR] Understanding and Responding to the FCC Cable In-Kind and Mixed Use Order
[WEBINAR] Advancing the Policy Discussion Around Housing
[WEBINAR] Innovative Partnerships to Overcome Housing Challenges in Communities
[WEBINAR] Focusing on the “US” in HoUSing: Merging Housing, Transportation, Incentives and Community
[WEBINAR] Update: Social Media Meets the First Amendment
[WEBINAR] Planning in the Coastal Zone
On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more
The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more
One of the fundamental home rule powers of Ohio municipalities is the ability to own and operate public utilities to serve their communities. Many Ohio municipalities exercise this home rule power by operating their own...more
In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more
Indisputably, 2019 was an important year for housing in California. As we noted in our prior blog post, Governor Newsom signed legislation creating statewide rent control, preventing discrimination against people paying rent...more
California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more
American politics at the national level frequently involve conflicts over federalism and the allocation of authority between the federal government and state governments. On a smaller scale, the Ohio Constitution contains...more
With next year’s presidential election on the horizon, it is easy for voters to overlook next week’s odd-year election. On Tuesday, November 5, Colorado voters will select local government officials and school board members,...more
Ohio’s efforts to substantially simplify its municipal income tax regime – a much-needed reform – is permitted to move forward. Ohio instituted municipal income tax reform, which took effect with the 2018 tax year, permitted...more
The Second District Court of Appeal has held that California’s minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v. City of Long Beach, No. B282270...more
On Jan. 3, 2019, a litigation team consisting of Rich Benenson, Doug Friednash and Joshua Weiss from Brownstein Hyatt Farber Schreck succeeded in an appeal challenging the jurisdiction of Colorado’s Independent Ethics...more
On May 24, 2018, the Circuit Court of Cook County upheld the City of Chicago’s imposition of its amusement tax on streaming services. The plaintiffs in the case—consumers of streaming services—are expected to appeal the...more
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
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
On July 28, 2017 Governor Baker approved a home rule petition proposed by Mayor Walsh which changed a Massachusetts law so that a skyscraper could be built over the Winthrop Square garage in Boston, Massachusetts. Obtaining...more
Last week, Attorney General Xavier Becerra opined that the California Voter Participation Rights Act, also known as SB 415, applies to charter cities and school districts governed by charter cities. In the second opinion...more
Massachusetts is a Home Rule state (Commonwealth, actually, but that’s a separate issue). Our 351 cities and towns can pretty much legislate as they please, so long as the local action is not preempted. Our state Wetlands...more
On December 21, 2015, Judge Joseph James of the Allegheny County Court of Common Pleas overturned Pittsburgh’s Paid Sick Days Act (“PSDA”), agreeing with the Pennsylvania Restaurant and Lodging Association and several local...more
In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more
In a strongly worded 42 page decision, the Second District Appellate Court ruled in Gurba v. Community HS Dist. 155, that school districts are subject to the zoning regulations of home rule municipalities. The decision...more
While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state...more
This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in...more