News & Analysis as of

Municipalities State Constitutions Appeals

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

Holland & Knight LLP on

For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Supreme Court Crushes "Fannie Lewis Law" in Cleveland - Reverses Court of Appeals in Hot Debate

Ohio local hiring laws affecting contractors are destroyed, for now. Municipalities will no longer be able to force local hiring upon contractors for various jobs. This especially impacts large cities and their citizens...more

Hahn Loeser & Parks LLP

Ohio Supreme Court Strikes Down Local Ordinance Imposing Residency Requirements of Ohio’s Workers on Public-Construction Contracts

On September 24, 2019, the Ohio Supreme Court announced the General Assembly has broad authority to regulate public-works contracts that subject Ohio’s workers to residency preferences or restrictions. In The City of...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

Bricker Graydon LLP

Court finds that Brooklyn landfill solar project does not violate Ohio Constitution

Bricker Graydon LLP on

A recent ruling sheds additional light on Ohio municipal utilities’ authority to sell surplus power to customers outside their boundaries. On May 10, 2019, Judge Robert C. Pollex, sitting as a visiting judge on the Cuyahoga...more

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

Arizona Law Prohibiting Municipalities From Enacting Employee Benefits Ordinances Held Unconstitutional

The Arizona Court of Appeals, Division One, has ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits...more

Fisher Phillips

Florida Supreme Court Strikes Down Miami Beach Minimum Wage - Attorneys Represented Business Interests in Important Matter

Fisher Phillips on

The Florida Supreme Court on Tuesday blocked a Miami Beach law that would have raised the minimum wage in the city. This ends a lengthy legal battle over whether cities could set their own minimum wages that do not correspond...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

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