News & Analysis as of

Ripeness State and Local Government

Farrell Fritz, P.C.

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

Farrell Fritz, P.C. on

How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more

Best Best & Krieger LLP

Takings Claim Fails on “Ripeness” Grounds

Ninth Circuit Decision in Apartment-Condominium Conversion Program Dispute - Property owners who claimed the City and County of San Francisco’s apartment-to-condominium building conversion program’s lifetime lease...more

Ballard Spahr LLP

Nevada regulator and AG file opposition to trade groups’ preliminary injunction motion in lawsuit challenging Nevada law allowing...

Ballard Spahr LLP on

The Commissioner of the Financial Institutions Division (FID) of the Nevada Department of Business and Industry and the Nevada Attorney General have filed opposition to the preliminary injunction motion filed by three trade...more

Ballard Spahr LLP

Nevada regulator and AG seek dismissal of lawsuit filed by trade groups challenging Nevada law allowing applicant to rely on...

Ballard Spahr LLP on

The Commissioner of the Financial Institutions Division of the Nevada Department of Business and Industry and the Nevada Attorney General have filed a motion to dismiss the lawsuit filed last month in Nevada federal court by...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Best Best & Krieger LLP

An Appellate Court’s Observation May Have Effect on Reverse-PRA Actions - Part II: Pasadena Police Officers Association v. City of...

In Pasadena Police Officers Association v. City of Pasadena, the Second District Court of Appeal made an interesting observation about the effect of the Public Records Act’s time requirement for a response to a PRA request...more

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

Lowndes

Florida Supreme Court Justice Case Dismissed on Ripeness Grounds

Lowndes on

The Florida Supreme Court, in a per curiam decision, dismissed a petition seeking quo warranto relief brought by the Florida League of Women Voters challenging Governor Rick Scott’s ability to appoint three new Supreme Court...more

McDermott Will & Emery

New Delaware Unclaimed Property Decision Further Complicates Landscape

McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

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