News & Analysis as of

Municipalities Preemption

Winstead PC

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

Winstead PC on

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Farrell Fritz, P.C.

Slings and Arrows At The Court Of Appeals

Farrell Fritz, P.C. on

On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

Two recent unanimous decisions from the Massachusetts Supreme Judicial Court confirm the supremacy of the state’s marijuana laws over local zoning restrictions. The decisions also indicate a tendency of the Supreme Judicial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Court Upholds San Antonio’s Sick and Safe Leave Ordinance Injunction

On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Says Goodbye to At-Will Employment for the Fast Food Industry

On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York...more

Farrell Fritz, P.C.

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

Farrell Fritz, P.C. on

On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more

Farrell Fritz, P.C.

New York State Environmental Conservation Law Preempts Local Municipality Hunting Restrictions in New York

Farrell Fritz, P.C. on

This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine.  In Hunters for Deer, Inc. v Town of Smithtown,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Shumaker Statement on South Carolina Attorney General Opinion

Friday, March 27th, the South Carolina Attorney General issued an opinion expressing the view that the Governor’s emergency powers pre-empt emergency orders issued by local governments during a pandemic emergency. The opinion...more

Perkins Coie

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

Perkins Coie on

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

BCLP

Municipal Pre-emption Rights under the German Building Code

BCLP on

What is this all about? Recent speculation on development land and residential area scarcity are no longer solely in the realm of experts. The general public has also been increasingly focused on the application of...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Proskauer - Proskauer For Good

Taking a Step Closer to Preventing Gun Violence in Florida

One of the most important issues facing this country today is gun violence and how to prevent it. Lawyers can play a vital role in advising legislators who want to enact meaningful gun regulations, and by using their skills...more

Stoel Rives LLP

In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste...

Stoel Rives LLP on

In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Foster Garvey PC

Short-Term Rental Update: Short-term rentals continue to gain market share; partnering early in the multifamily development...

Foster Garvey PC on

Short-Term Rentals Continue to Gain Market Share - ("Booking Holdings breaks down private accommodation revenues for first time, now at 20% of total," Phocuswire, Feb 27, 2019) Alternative accommodations, including...more

Miles & Stockbridge P.C.

Local LU&Z Preempted in the Solar Field

Miles & Stockbridge P.C. on

On a day yielding no sunshine, but rather the first snow of the winter season in parts of Maryland, the Maryland Court of Special Appeals reissued its decision in Board of County Commn. of Washington County v. Perennial...more

Foley & Lardner LLP

Seventh Circuit Issues Two Opinions Limiting Scope of State and Local Authority over Labor Law

Foley & Lardner LLP on

Over the course of the past two weeks, the Seventh Circuit has issued two separate opinions that limit the ability of state and local governments to craft their own labor law policy. In doing so, the court created a circuit...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Holland & Knight LLP

Illinois Legislature Pre-empts Municipal Authority to Regulate Drones

Holland & Knight LLP on

Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as...more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

Harris Beach PLLC on

The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Carlton Fields

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

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Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary...more

Littler

Michigan Expands its Preemption Law to Cover Interview Limitations

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

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