News & Analysis as of

State and Local Government Referendums

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

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As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more

Pullman & Comley - School Law

Rules of the Road for Budget Referendum Advocacy

Spring is in the air….and so is budget season!  For Connecticut board of education members and administrators the annual budget ritual can be an exhausting and politically-delicate process.  As important as it is to rally the...more

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

Bricker Graydon LLP

Lake Erie Bill of Rights found “unconstitutionally vague” by Northern District of Ohio

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Drewes Farms Partnership and State of Ohio v. City of Toledo, Case No. 3:19-cv-434, Doc. 63 (N.D. Ohio Feb. 27, 2020). The Lake Erie Bill of Rights (LEBOR) was invalidated by U.S. District Judge Jack Zouhary of the...more

Best Best & Krieger LLP

PublicCEO: BB&K Municipal Law Team Discusses New Public Agency Laws - Part 1

Elections, Public Safety, Surplus Funds and More - From a measure aimed to encourage public participation in the redistricting process (Assembly Bill 849) and one that extends the duration of a gun-violence restraining...more

Best Best & Krieger LLP

New Election, Conflict of Interest, Firearm and Cannabis Laws

Part 1: California Laws Impacting Public Agencies for 2020 - How do the laws passed last year by California lawmakers impact how public agencies do business in the new year? In this annual Legal Alert series, Best Best &...more

Best Best & Krieger LLP

Citizens’ Initiative Power Cannot Intrude on Public Agency’s Express Authority

Initiatives that Would Change County Government Structure Not Allowed, Calif. Appellate Court Rules - Proponents of a series of initiatives that would dramatically impact San Bernardino County submitted notices of intent...more

Miller Starr Regalia

Court Excuses County Counsel From Preparing Ballot Titles and Summaries for Proposed Initiatives That Intrude on Matters Reserved...

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Despite well-settled limits on California’s constitutional initiative and referendum powers, the courts continue to be faced with ballot measures that test those boundaries. ...more

Moore & Van Allen PLLC

MVA Monitor - July 2019

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The legislature and the Governor were locked in a battle of wills over the state budget as gridlock over the $24 billion annual spending plan continued into the second week of the fiscal year. While there is little relief in...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

Foster Garvey PC

Oregon’s New Corporate Activity Tax

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We are taking a break from our multi-post coverage of Opportunity Zones to address a recent, significant piece of Oregon tax legislation. On May 16, 2019, Governor Kate Brown signed into law legislation imposing a new...more

Miller Starr Regalia

Court Rules that Petition to Dissolve Fire District is Administrative in Nature and not Subject to Referendum Process

Miller Starr Regalia on

On March 7, 2019, the Fourth District Court of Appeal published Southcott v. Julian-Cuyamaca Fire Protection District, __ Cal.App.5th __ (Case No. D074324) (2019), another in a long line of cases addressing the limitations on...more

Perkins Coie

A Resolution to Dissolve a Fire District is Not Subject to Referendum

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The court of appeal held that a fire district’s resolution to dissolve the district was not a legislative act subject to voter referendum. Southcott v. Julian-Cuyamaca Fire Protection District, No. D074324 (4th Dist., Mar. 7,...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Verrill

2018 Maine Legislative Update

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Election night is now (mostly) in the books. As the night wore on, the blue tide turned into a blue wave and ended as a mini blue tsunami crashing on the Maine shore. More results are still coming in, but here’s what we know...more

Holland & Knight LLP

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

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• 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

Miller Starr Regalia

California Supreme Court Confirms That Referendum Petition Can Challenge Zoning Intended to be Made Consistent with General Plan

Miller Starr Regalia on

On August 23, 2018, the California Supreme Court held, in City of Morgan Hill v. Bushey, __ Cal.4th __ (2018) (Case No. S243042), that a referendum petition to challenge a zoning ordinance amendment that would bring the...more

Pierce Atwood LLP

Under The Dome: Inside The Maine State House

Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Shawn Moody Wins Republican Primary in First Round of Ranked Choice Voting; Democratic Nominee to be...more

Miller Starr Regalia

Attorney General Confirms that Disposition of Real Property Under Long Range Property Management Plan is an Administrative Act not...

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On April 27, 2018, the California Attorney General published an opinion (No. 17-702) concluding that a City of Hollister resolution approving the execution of an agreement to sell real property for development, pursuant to an...more

Perkins Coie

Voter-Approved Initiative To Limit Large Developments And Chain Stores Exceeded Initiative Power

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In a case that illustrates the limits of use of voter-approved initiatives to limit development, the court of appeal invalidated an initiative passed by voters in the City of Malibu that sought to limit large developments and...more

Snell & Wilmer

Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

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Arizona’s Constitution gives electors in cities, towns, and counties the ability to refer legislation that was enacted by their local elected officials to the ballot for popular vote. Ariz. Const. art. IV, Pt. 1 § 1(8). But...more

Chambliss, Bahner & Stophel, P.C.

Gov. Haslam Expands His IMPROVE Act

Gov. Haslam expanded his IMPROVE Act this week. He amended the act to allow local referendums on surcharges to existing local taxes as a means to pay for public transit projects. The new surcharge options apply to local...more

Chambliss, Bahner & Stophel, P.C.

TN Legislative Update: And, the Deannexation Discussion Continues

Just because the Legislature isn’t in session doesn't mean there isn’t work to be done and post-session obligations to keep. You may recall an issue from this year's legislative session that received quite a bit of attention...more

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