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State Constitutions Fees

Holland & Knight LLP

New York Court Strikes Down CDPAP Reimbursement Changes

Holland & Knight LLP on

In a significant development for fiscal intermediaries (FIs) and the Consumer Directed Personal Assistance Program (CDPAP), a New York Supreme Court Justice ruled on March 20, 2025, that the New York State Department of...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

Jones Day on

On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Ervin Cohen & Jessup LLP

Is a Receiver Entitled to Interest on the Receiver’s Awarded, but Unpaid, Fees?

Q: In a receivership I just wrapped up, the court approved by final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 12, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decision on Thursday: Zolly v. City of Oakland, No. S262634: In a case involving the California Constitution’s taxpayer approval requirements for local taxes, the...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...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

Best Best & Krieger LLP

Failure to Participate in Prop. 218 Hearing Does Not Bar Fee Challenge - Calif. Supreme Court Holds Such Hearings Do Not...

A ratepayer may challenge the method of allocating property-related fees without first participating in the public hearing for, and filing a written protest against, the adoption of such new or increased fees, the California...more

Best Best & Krieger LLP

Ballot Initiative Withdrawn, Leaving Intact Local Authority to Impose Taxes, Fees and Charges - Last-Minute Deal to Withdraw...

The Tax Fairness, Transparency and Accountability Act of 2018, a ballot initiative that would have amended portions of the California Constitution to further restrict state and local agencies from imposing new or increased...more

Alston & Bird

Texas Home Equity Loan Amendments Enacted

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Texans approved a constitutional amendment changing the state’s home equity loan landscape beginning January 1. Our Financial Services & Products Group examines the new law and its implications and limitations....more

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