News & Analysis as of

Home Rule States

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

Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic

On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more

BakerHostetler

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

BakerHostetler on

The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more

Troutman Pepper

When Green Goes Up in Smoke: Unraveling the Power Tussle Between State and Local Authorities in Marijuana Regulation

Troutman Pepper on

Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more

Zuckerman Spaeder LLP

The D.C. Court of Appeals Invalidates Part of the Anti-Slapp Act

Zuckerman Spaeder LLP on

On September 7 the District of Columbia Court of Appeals reached an important issue about the D.C. Anti-SLAPP Act that it had reserved a few months earlier. In Banks v. Hoffman, the Court held “the discovery-limiting aspects...more

Maynard Nexsen

The Constitution of 2022

Maynard Nexsen on

History - On December 14, 1819, Alabama was granted statehood after previously being part of the Mississippi and Alabama territories. The first Alabama constitution was drafted and passed at a convention in Huntsville,...more

Bricker Graydon LLP

Summary of Cleveland Electric Illuminating Co. v. Cleveland

Bricker Graydon LLP on

One of the fundamental home rule powers of Ohio municipalities is the ability to own and operate public utilities to serve their communities. Many Ohio municipalities exercise this home rule power by operating their own...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

Perkins Coie on

In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

Downey Brand LLP on

On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Perkins Coie

SB 35 Streamlining Upheld Against “Home Rule” Challenge

Perkins Coie on

Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined...more

ArentFox Schiff

New Federal Funds Lead to D.C. Budget Delays

ArentFox Schiff on

After an extended and significant debate on Tuesday, April 6, the DC Council approved a delay in the Mayor’s submission of the FY2022 District budget to May 27, 2021. This is not the first time the budget has been delayed....more

Pillsbury Winthrop Shaw Pittman LLP

Home Rule in a Global Pandemic

COVID-19 and the lifeline of “emergency” and “temporary” legislation in Washington, D.C. To this day, Congress retains a legislative veto over the D.C. Council’s actions, supported by the Constitution. “Emergency”...more

Cozen O'Connor

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty

Cozen O'Connor on

On March 15, 2020, the long-awaited Paid Sick Days Act of the City of Pittsburgh (the Act) will go into effect. Originally enacted by the city in 2015, it took a 2019 decision of the state Supreme Court to re-define the...more

Sheppard Mullin Richter & Hampton LLP

Housing in California in 2020: A Look Ahead and a Lesson in Try, Try Again

Indisputably, 2019 was an important year for housing in California. As we noted in our prior blog post, Governor Newsom signed legislation creating statewide rent control, preventing discrimination against people paying rent...more

Best Best & Krieger LLP

“Home Rule” Authority and Local Police Involvement in Immigration Enforcement

California Appellate Court Says Charter City Cannot Block California Values Act - In a significant decision addressing the tension between charter city “home rule” authority and state law, a California appellate court...more

Sheppard Mullin Richter & Hampton LLP

Appellate Court Holds Charter Cities Are Bound By State Housing Objectives, Signaling Erosion of Local Discretion

In Anderson v. City of San Jose (2019), the Sixth District Court of Appeal held that California’s charter cities must comply with the Surplus Land Act (Govt. Code § 54220 et seq.). This decision, essentially, ruled that the...more

Bricker Graydon LLP

Implementing a municipal charter: Lessons from the front lines

Bricker Graydon LLP on

American politics at the national level frequently involve conflicts over federalism and the allocation of authority between the federal government and state governments. On a smaller scale, the Ohio Constitution contains...more

Brownstein Hyatt Farber Schreck

Much at Stake for Coloradans in Next Week’s Odd-Year Election

With next year’s presidential election on the horizon, it is easy for voters to overlook next week’s odd-year election. On Tuesday, November 5, Colorado voters will select local government officials and school board members,...more

Bricker Graydon LLP

Ohio Supreme Court upholds prohibition of resident quotas in public construction contracts

Bricker Graydon LLP on

In The City of Cleveland v. The State of Ohio, the Ohio Supreme Court upheld Ohio Revised Code 9.75, which prohibits a public authority from requiring a contractor to “employ as laborers a certain number or percentage of...more

Robins Kaplan LLP

Financial Daily Dose 8.16.2019 | Top Story: : Cathay Pacific CEO Resigns Amidst Turmoil in Hong Kong

Robins Kaplan LLP on

Hong Kong-based Cathay Pacific Airways CEO Rupert Hogg has resigned in order to “take responsibility” a week “after the carrier was rebuked by China for staff involvement in the anti-Beijing protests rocking Hong Kong.” Hogg...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 70: Pennsylvania Supreme Court Orders Steel City to Lift Sick Leave Barrier

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Wednesday, July 17, 2019, the Pennsylvania Supreme Court reversed trial and appellate court rulings that found the Pittsburgh Paid Sick Days Act—first enacted in August 2015—in violation of state law....more

Buckingham, Doolittle & Burroughs, LLC

Ohio’s Municipal Net Profits Tax Reform Constitutional – Centralized filing provides significant administrative benefits to...

Ohio’s efforts to substantially simplify its municipal income tax regime – a much-needed reform – is permitted to move forward. Ohio instituted municipal income tax reform, which took effect with the 2018 tax year, permitted...more

Buckingham, Doolittle & Burroughs, LLC

Breaking News In Construction Industry: Residency Quotas for City Contractors

RESIDENCY QUOTAS FOR CITY CONTRACTORS - OHIO SUPREME COURT TO HEAR ARGUMENTS IN MARCH. THE CASE: On March 6, 2019, the Supreme Court of Ohio is set to hear oral arguments on City of Cleveland v. State of Ohio, Supreme...more

Perkins Coie

State Minimum Wage Law Applies to Charter Cities

Perkins Coie on

The Second District Court of Appeal has held that California’s minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v. City of Long Beach, No. B282270...more

Brownstein Hyatt Farber Schreck

A Victory for Home Rule Independence: Court Limits Jurisdiction Over Home Rule Municipalities

On Jan. 3, 2019, a litigation team consisting of Rich Benenson, Doug Friednash and Joshua Weiss from Brownstein Hyatt Farber Schreck succeeded in an appeal challenging the jurisdiction of Colorado’s Independent Ethics...more

Buckingham, Doolittle & Burroughs, LLC

Ohio’s burdensome municipal income tax structure hinges on the meaning of “levy.”

The 10th District Court of Appeals has heard oral arguments to decide the fate of Ohio’s efforts to reform municipal income tax for businesses and enact a centralized filing system. Last year, Ohio enacted H.B. 49, which...more

47 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide