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2 Dec 2009, 6:36 am
During my second or third year at the Public Defender’s Office in Philadelphia, the chief of the municipal court division called me down to his office and told me he had received a complaint about me. [read post]
20 Nov 2010, 1:00 pm by Garry J. Wise, Wise Law Office, Toronto
Ontario Superior Court Justice Nancy Mossip has ordered Google and Bell Sympatico to produce IP and other information to enable the identification of individuals associated with an allegedly defamatory political blog published from Meaford, Ontario.Owen Sound Sun Times reports:A court order Friday has moved Meaford another step closer to finding whoever was behind a blog the municipality's lawyer claims defamed the mayor and staff and disrupted the recent election.The… [read post]
16 Dec 2011, 11:52 am by WOLFGANG DEMINO
CODE § 37.006(b) (“In any proceeding that involves the validity of a municipal ordinance . . . the municipality must be made a party . . . . [read post]
9 Nov 2016, 9:26 pm by Patricia Salkin
Board of Municipal and Zoning Appeals, 2016 WL 6276908 (MD. 10/27/2016)Filed under: Contract Zoning, Planned Development Districts, Zoning Boards of Appeal [read post]
15 Oct 2010, 1:43 pm by PaulKostro
Super. 317, 322 (Law Div. 1995) (court has inherent power on its own to vacate judgment when it has made a mistake); cf. [read post]
12 Apr 2015, 5:42 pm by Patricia Salkin
Finally, the court held that a Monell claim cannot be made absent an underlying constitutional violation; a §1983 claim can only be brought against a municipality if the action that is alleged to be unconstitutional was the result of an official policy or custom. [read post]
26 Aug 2017, 5:26 am by Patricia Salkin
” As MSU was a state university, the court reversed and remanded, holding the trial judge could rely upon the record in determining whether MSU satisfied its duty to consider those concerns. [read post]
12 Oct 2015, 10:36 am by Eugene Volokh
The appellate court concluded that, in the absence of “an affirmative grant of authority,” a California municipality may not do so. [read post]
11 Nov 2014, 8:49 pm by Patricia Salkin
The court first noted that municipal zoning ordinances are afforded a presumption of constitutional validity, and to overcome this presumption the challenging party must show facts supporting a claim the ordinance were arbitrary, capricious, and unconstitutional. [read post]
11 Nov 2014, 8:49 pm by Patricia Salkin
The court first noted that municipal zoning ordinances are afforded a presumption of constitutional validity, and to overcome this presumption the challenging party must show facts supporting a claim the ordinance were arbitrary, capricious, and unconstitutional. [read post]
15 Jul 2016, 12:53 pm by Sharifi Firm, PLC
 The court went on to state that tree roots often create distortions in a sidewalk, and a municipality cannot be expected to maintain sidewalks free from all obstructions. [read post]
28 May 2010, 7:51 am by Michael Bruno
   The Court found that because the municipalities action was discretionary such decisions should be reviewed under the “arbitrary or  capricious” standard rather than the more strict “substantial evidence” standard. [read post]
13 Jun 2007, 6:39 am
University of Miami law professor Bruce Winick called it a 'sea change in the role of the courts.' The notion of mixing treatment in with punishment, he said, was born of judges' frustration with defendants who would not be criminals but for their addictions. 'What was going on in the criminal-justice system really wasn't working,' said Philadelphia Municipal Court President Judge Louis Presenza, who has been instrumental in setting up the… [read post]
21 Jan 2010, 8:06 am by PaulKostro
Thus, the court may enforce the agreement if it is “fair and equitable,” but the court’s equitable authority to modify support obligations in response to changed circumstances cannot be restricted. [read post]
30 Sep 2013, 1:52 am by Kevin LaCroix
As discussed below, within the court’s rulings are some noteworthy determinations that merit further consideration. [read post]
27 Feb 2012, 9:03 am by Richard Renner
Deliberate indifference to claims of such civil rights violations—tantamount to a custom or policy sufficient to support municipal liability under § 1983—may be inferred from a municipality's lack of appropriate response to repeated complaints of such violations. [read post]