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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

Harris Beach PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

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The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

Allen Matkins

What Does "Election" Mean?

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Yesterday's post concerned California's statutory scheme governing the gubernatorial power to fill vacant United States Senate seats.  The relevant statute requires that the person appointed be an "elector of this state". ...more

Sheppard Mullin Richter & Hampton LLP

New Litigation Continues to Challenge the Social Equity and Scoring Process of the Illinois Cannabis Regulation And Tax Act

The Illinois Cannabis Regulation and Tax Act (“CRTA”), which was enacted in 2019, legalized recreational adult use cannabis in Illinois. The CRTA also created a Social Equity Program intended to offer disadvantaged people,...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

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On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

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On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Parker Poe Adams & Bernstein LLP

First Circuit Upholds State's Mandatory Vaccine Order for Health Care Workers

Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

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A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

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

South Dakota Judge Nips Recreational Marijuana in the Bud: Holds Amendment A Unconstitutional

Last November, South Dakota voters approved Amendment A, which allowed for the recreational use of marijuana by individuals 21 years and older (and for possession of up to 1 ounce). On February 8, 2021, a South Dakota judge...more

Farrell Fritz, P.C.

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

Farrell Fritz, P.C. on

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Pierce Atwood LLP

The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter

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Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s...more

Franczek P.C.

Illinois Appellate Court Upholds Constitutionality of State’s Education Funding System

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The Fifth District recently upheld the dismissal of a complaint filed by 22 Illinois school districts against Governor Pritzker and the State of Illinois challenging the constitutionality of the state’s public education...more

Pierce Atwood LLP

The Maine Constitution Turns 200! Does It Still Matter?

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On March 15, 2020, Maine turns 200 years old. For any Mainer, especially history buffs, the bicentennial is an occasion worth celebrating. For any legal beagle, the bicentennial is worth celebrating for an additional reason:...more

Carlton Fields

Surtax in Gridlock – The Saga of Hillsborough County’s Transportation Surtax Reaches the Florida Supreme Court

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Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Littler

An Anticlimactic End of 2019 for Michigan Paid Sick and Minimum Wage Amendments

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On December 18, 2019, the Michigan Supreme Court issued its long-awaited decision on whether the Michigan legislature’s strategy to enact two ballot proposals (one concerning paid sick leave and the other minimum wage) and...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami Beach “Ban” on Short-Term Rentals Ruled Illegal

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In recent years, online platforms like Airbnb and HomeAway have made it easier for property owners to enter into the short-term rental market, which allows property owners to generate supplemental income and defray the cost...more

Woods Rogers

Statutes, Statues, And Municipal Constitutional Rights (Part 2)

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We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk.  Service has been waived, and we can now expect...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

Cadwalader, Wickersham & Taft LLP

Illinois Judge Holds That Courts Cannot Rule Retroactively on Validity of State Debt

On August 29, 2019, an Illinois court denied a petition by a political activist and a hedge fund seeking leave to file a lawsuit claiming that approximately $16 billion of Illinois’s general obligation bonds (“GO Bonds”) were...more

Carlton Fields

Florigrown v. DOH: Florida’s Vertical Integration Requirement for Medical Marijuana Licensees Held Unconstitutional

Carlton Fields on

This week, the Florida First District Court of Appeal held that the vertical integration requirement of Florida’s medical marijuana licensing scheme contravenes the 2016 constitutional amendment passed by Florida voters to...more

Bricker Graydon LLP

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

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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

Franczek P.C.

Illinois Supreme Court: IFT Lobbyist Entitled to TRS Pension for One Day of Substitute Teaching

Franczek P.C. on

In a split decision issued earlier this month, a majority of the Illinois Supreme Court held that a career lobbyist for the Illinois Federation of Teachers (IFT) union who worked one day as a substitute teacher could receive...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

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

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Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

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