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State Constitutions

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

Perkins Coie

California Supreme Court Upholds Proposition 22

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The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Husch Blackwell LLP

Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

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On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Benesch

California Supreme Court Unanimously Rules that Uber, Lyft Drivers May Remain Classified as Independent Contractors

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On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....more

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

Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). ...more

Warner Norcross + Judd

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and...

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice...more

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

Allen Matkins

Is A Notitia Congregationis Valid In California?

Allen Matkins on

California is a very linguistically diverse state with an estimated 200 plus different languages being spoken.  Within my own family, English is not the primary language spoken at home by any of my grandchildren.  Yet, the...more

Littler

California Supreme Court Upholds Proposition 22

Littler on

After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Bricker Graydon LLP

Key Clauses to Focus on in Local Government Contracts

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When drafting and reviewing local government contracts, it’s imperative that legal counsel understand what language to focus on. There are a number of terms and conditions which political subdivisions cannot agree to under...more

Miller Canfield

Michigan Supreme Court Poised to Rule on Constitutionality of Controversial ‘Adopt-and-Amend’ Policy - What Will It Mean for...

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The Michigan Constitution allows voters to initiate ballot measures to change or propose new laws. These citizen initiatives are made outside of the Legislature, enabling ordinary voters to create policy through the ballot. ...more

Kohrman Jackson & Krantz LLP

Understanding the 2024 Property Reappraisal in Cuyahoga County

On July 9, 2024, the Cuyahoga County Fiscal Officer (the County) released the newly appraised values for properties within their jurisdiction. As required by state law, every county in Ohio is required to update property...more

Snell & Wilmer

Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To...

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To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises...more

Shipman & Goodwin LLP

Kansas Supreme Court Reaffirms Fundamental Right to Abortion

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Last week, the Kansas Supreme Court issued two decisions striking down a series of state anti-abortion laws  passed by the Kansas Legislature. The first case challenged S.B. 95, a bill enacted by the Legislature in 2015...more

Lathrop GPM

Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

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Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a...more

Carlton Fields

Don't Misapply "Misapplication Jurisdiction"

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The Florida Supreme Court is a court of limited jurisdiction, with authority to hear only those matters specifically enumerated in the Florida Constitution. One such basis permits the court to exercise its jurisdiction where...more

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Blocks Sweeping Measure to Limit State and Local Authority to Implement Taxes

The California Supreme Court has blocked Initiative 1935—the so-called “Taxpayer Protection and Government Accountability Act”— from appearing on the November 2024 ballot. The court ruled unanimously that the “measure exceeds...more

Brownstein Hyatt Farber Schreck

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and...more

Foster Garvey PC

The Tumultuous Journey of the Washington State Capital Gains Tax Continues

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I have reported in several prior blog posts the significant events impacting the newly enacted Washington state capital gains tax. The turbulent ride of this legislation continues!...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

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Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

Brownstein Hyatt Farber Schreck

New Bills Aim to Protect Water Rates, Charges from Prop. 218 Litigation

Lawmakers introduce tools to ease pressure from SGMA and infrastructure demands on public agency revenue powers - Adopted in 1996, Proposition 218 (and later Proposition 26 in 2010) amended the California Constitution to...more

Allen Matkins

Superior Court Ruling: Charter Cities Not Subject to SB 9

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On April 24, 2024, a Los Angeles County Superior Court ruled that Senate Bill (SB) 9 does not apply to charter cities because it violates the authority granted to charter cities by the California Constitution to manage their...more

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