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14 Jan 2009, 7:26 am
In addition, approximately one month later, a California appellate court allowed a similar lead paint public nuisance cause of action filed by various California municipalities to proceed, overruling a superior court’s dismissal of the public nuisance claim. [read post]
15 Oct 2014, 4:55 pm
The first step requires courts to review the terms of the challenged ordinance and the municipality’s comprehensive zoning plan to determine whether the ordinance is so closely related to the zoning plan that it can be fairly characterized as tantamount to zoning. [read post]
21 Apr 2018, 4:43 am
Therefore, the court found the Town Board made a “full statement” of its proposed Comprehensive Plan in accordance with General Municipal Law § 239–m. [read post]
26 Dec 2019, 4:46 pm
As a result, the court looked at the Municipal Police Jurisdiction Act, which grants police officers the authority to act as officers in areas outside their jurisdiction in certain circumstances. [read post]
7 Dec 2023, 9:48 am
The Court began the discussion by evaluating several cases that Adams Outdoor had already brought against other municipalities for the same/similar claims. [read post]
16 Apr 2019, 11:17 am
These include: The Arizona Supreme Court The Arizona Court of Appeals, Division 1 The Arizona Court of Appeals, Division 2 The Chandler Municipal Court (non-delinquent cases) The Gilbert Municipal Court The Maricopa County Justice of the Peace Courts (non-delinquent cases) The Maricopa Superior Court (non-criminal cases) The Mesa Municipal Court The Paradise Valley Municipal… [read post]
18 Jan 2024, 7:44 am
Extent of noncontiguity Seven proposed redistricting plans were submitted to the Supreme Court on January 12, 2024, as discussed in an earlier post. [read post]
7 Jul 2009, 3:07 pm
The Fourth Appellate District recently held that courts have no jurisdiction to review the propriety of a municipality’s RHNA allocation. [read post]
7 Feb 2013, 3:01 am
The property in question is located in three municipalities. [read post]
4 Jan 2015, 4:46 pm
Please schedule an appointment if you need experienced legal representation in a traffic/municipal court matter. [read post]
31 May 2018, 4:05 pm
The court determined that if a municipality violates its own valid ordinance, its action is illegal, and the courts may enjoin it. [read post]
25 Feb 2012, 6:42 pm
It formally commands someone to either appear in court or produce documents.A personal subpoena is a judicial document that commands someone to appear in Court. [read post]
7 Dec 2011, 2:37 pm
” (Casitas Municipal Water District page) The court cited the Federal Circuit’s decision in Northwest Louisiana Fish & Game Preserve Comm’n v. [read post]
27 Jul 2020, 8:25 am
At the outset, the court noted that the BOE’s generalized claim of harm caused by the possibility of students being added to an already overcrowded school district was insufficient to make the BOE an “interested party,” entitled to litigate its claim under the Municipal Land Use Law (“MLUL”). [read post]
16 Jun 2010, 10:31 am
The Appellate Court reviewed Hemminger v. [read post]
16 Jun 2010, 10:31 am
The Appellate Court reviewed Hemminger v. [read post]
29 Jul 2007, 11:16 am
Scott Bergthold, a Chattanooga, Tenn., lawyer who also is representing New Albany and specializes in defending municipal adult business regulations, said the amount of time taken by the court seems unusual. [read post]
2 Nov 2009, 3:50 pm
With regard to Stickley's complaint against the town of Strasburg, Judge Wilson explained that a municipality may be liable under Section 1983 if the violation of a constitutional right occurred as a direct result of official municipal policy or custom, but that qualified immunity would shield a municipality from such charges if a terminated employee fails to exhaust local appeal procedures available to him. [read post]
2 Nov 2009, 3:50 pm
With regard to Stickley's complaint against the town of Strasburg, Judge Wilson explained that a municipality may be liable under Section 1983 if the violation of a constitutional right occurred as a direct result of official municipal policy or custom, but that qualified immunity would shield a municipality from such charges if a terminated employee fails to exhaust local appeal procedures available to him. [read post]
25 Jul 2011, 2:27 am
The Firefighter RuleCibelli v Episcopal Diocese of New York, NYS Supreme Court, Justice Liebowitz, Not selected for publication in the Official Reports In the Cibelli case, New York State Supreme Court Justice Liebowitz outlines the common law “firefighters rule” and the impact of recent amendments to the General Municipal Law on the application of the common law rule. [read post]
