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The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
When Is a Nuisance “Attractive?”
16 May 2024, 6:02 pm by Hudson Injury Firm
” appeared first on Hudson Injury Firm. [read post]
The Hudson Injury Firm Blog - https://www.hudsoninjuryfirm.com/blog/
[Eugene Volokh] Are #MeToo Allegations Speech on "Matters of Public Concern"?
22 Sep 2023, 7:14 am by Eugene Volokh
See Connick v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional
19 Sep 2023, 7:42 am by Eric Goldman
[I will blog the NetChoice v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Case Summaries – Supreme Court of N.C. (June 17, 2022)
21 Jun 2022, 4:48 am by Jeff Welty
State v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Cal. retains over $300 million in civil penalties against J&J on appeal
26 Apr 2022, 5:40 am by Rebecca Tushnet
People v. [read post]
43(B)log - http://tushnet.blogspot.com/
Courts annul appointing authority's termination of a probationary employee finding that the appointing authority failed to demonstrate a legitimate, nondiscriminatory purpose for probationer's termination
6 Dec 2021, 5:30 am by Public Employment Law Press
"Judicial review of the discharge of a probationary employee is limited to whether the determination was made in bad faith or for an improper or impermissible reason" (Matter of Petkewicz v Allers, 137 AD3d 1045, 1046 [2016] [citations omitted]; see Matter of Johnson v City of New York, 34 AD3d 484, 485 [2006]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Courts annul appointing authority's termination of a probationary employee finding that the appointing authority failed to demonstrate a legitimate, nondiscriminatory purpose for probationer's termination
6 Dec 2021, 5:30 am by Public Employment Law Press
"Judicial review of the discharge of a probationary employee is limited to whether the determination was made in bad faith or for an improper or impermissible reason" (Matter of Petkewicz v Allers, 137 AD3d 1045, 1046 [2016] [citations omitted]; see Matter of Johnson v City of New York, 34 AD3d 484, 485 [2006]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Case Summaries – N.C. Supreme Court (August 13, 2021)
16 Aug 2021, 2:35 pm by Brittany Williams
Justice Earls, joined by Justice Hudson, dissented. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
A New Age: New York Repeals Longstanding Criminal Ban on Surrogacy
21 Feb 2021, 9:01 pm by Joanna L. Grossman
Its highest court enforced a surrogacy agreement in a 1993 case, Johnson v. [read post]
Verdict - http://verdict.justia.com/
Relist Watch
21 Jan 2021, 12:54 pm by John Elwood
Alamu, 20-31Issues: (1) Whether a prison official is entitled to qualified immunity if he gratuitously assaults a prisoner but not every factor from Hudson v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Blogathon – not so quick hits on the ADA and FHA
4 Nov 2019, 9:33 am by Richard Hunt
That’s what the defendant did in Johnson v. [read post]
Accessibility Defense - http://accessdefense.com
Truth Is No Defense – California’s Deceptive Pricing Statute
22 May 2019, 2:29 pm by Ad Law Defense
Supreme Court’s decision on commercial free speech restrictions in Central Hudson Gas & Elec. v. [read post]
Ad Defense Law - http://adlawdefense.com/
Guest Post: Courts Reject Wage and Hour Claims as Employment-Related Misrepresentation Theory
20 May 2019, 4:58 pm by Kevin LaCroix
Co. v. [read post]
The D & O Diary - http://www.dandodiary.com/
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis?
20 Feb 2019, 10:32 am by admin
Co. v. [read post]
Ackerman Ackerman & Dynkowski Journal - https://ackerman-ackerman.com/journal/
Case o' The Week: "Same either way" not OK - Vederoff and Post-Johnson status of Washington (non)-"Crimes of Violence"
10 Feb 2019, 11:42 am by Steve Kalar
  Well, actually, no.United States v. [read post]
Ninth Circuit Blog - http://circuit9.blogspot.com/
Inconsistent Views on Waiving Rights in Employment
25 Jul 2018, 9:30 pm by Charlotte Garden
” The majority’s discussion of this principle was remarkably thin, resting on just two cases: Johnson v. [read post]
RegBlog - http://www.regblog.org/
Terminated educator alleges that her employer breached the employment agreement and negligently terminated her
23 Jul 2018, 4:00 am by Public Employment Law Press
See Johnson v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Case o' The Week: Ninth Not Keen on Gray Primer - Hernandez Martinez and the New(ish) Illegal Reentry Guideline
24 Sep 2017, 9:51 am by Steve Kalar
 The Ninth finds a little light, amongst the gray.United States v. [read post]
Ninth Circuit Blog - http://circuit9.blogspot.com/