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19 Jul 2019, 7:08 am
The court identified a general statutory grant of taxing power to municipal governments for local purposes. [read post]
1 Dec 2019, 3:53 pm
The court didn’t agree, however, and held that the MOU was unenforceable under the “term limits rule,” which prohibits one municipal body from contractually binding its successors in areas relating to governance unless specifically authorized by statute or charter provisions to do so. [read post]
24 Feb 2010, 6:39 am
So there was no individual liability here, but there was municipal liability. [read post]
1 Oct 2019, 6:58 am
The Eighth District Court of Appeals unanimously affirmed the trial court’s ruling, holding that Article II, Section 34 of the Ohio Constitution did not give the General Assembly power to enact R.C. 9.75 and that the statute infringed upon the municipal home-rule authority granted in Article XVIII, Section 3. [read post]
20 Aug 2009, 6:05 pm
This client owned a homestead with significant equity within a municipality. [read post]
22 Jul 2024, 7:12 pm
EFF: “Court after court has recognized that no one can own the text of the law. [read post]
16 Oct 2014, 11:11 pm
In City of Hallie, the Court held that the municipality was less like a private entity and more like a prototypical State actor, so it did not require it to prove the second Midcal element. [read post]
17 Jan 2012, 12:32 pm
Here are the things we are running into in court. [read post]
13 Apr 2011, 4:59 am
“The fact that the arbitrators also awarded expert witness costs, court reporter costs and all FINRA forum fees is both unusual and important,” Caruso added. [read post]
12 Mar 2009, 3:39 pm
The Court reviewed court decisions and gave some examples of sovereign powers, which may inform future court decisions: • Operation of street lights and traffic signals • Construction of schools • Imposition of taxes • Leasing of port yards • Improvement, construction, and maintenance of public parks and swimming pools The Court noted other prior decisions and gave some examples of proprietary powers as well: • Production of… [read post]
Washington Supreme Court Holds the Statue of Limitations Does Not Apply to Safeco Field Construction
12 Mar 2009, 3:39 pm
The Court reviewed court decisions and gave some examples of sovereign powers, which may inform future court decisions: • Operation of street lights and traffic signals • Construction of schools • Imposition of taxes • Leasing of port yards • Improvement, construction, and maintenance of public parks and swimming pools The Court noted other prior decisions and gave some examples of proprietary powers as well: •… [read post]
29 Mar 2022, 5:00 am
In particular, the provisions set out in subsection (a)(3) of Section 1502 do not apply to the Governor or Lieutenant Governor of a state or an individual authorized by law to act as Governor; the mayor of a city; a duly elected head of an executive department of a state or a municipality of a state who is not classified under a state, municipal, merit or civil-service system; or an individual holding elective office A number of state, however, are reported to have authorized… [read post]
10 Jul 2015, 4:00 am
" The court explained that these procedures are necessary "to afford tenured civil servant employees... procedural protections prior to involuntary separation from service," citing Sheeran v NYS Department of Transportation, 18 NY3d 61. [read post]
24 May 2013, 5:02 am
Among the later is the rule that municipalities and municipal corporations are to be sued in the county where they are located. [read post]
10 Oct 2018, 7:20 am
More jurisdictions are recognizing that, when it comes to using the justice system for debt collection instead of, well, justice, the juice isn't worth the squeeze.After a state Supreme Court Committee criticized New Jersey's municipal courts for serving as an ATM for local governments, the court issued an order which could lead to dismissal of 800,000 old warrants statewide, ceasing enforcement on warrants more than 15 years old.Texas, it should be… [read post]
27 Jun 2014, 1:57 pm
Justice Gordon explained that the panel reversed the lower court for two reasons. [read post]
29 Mar 2022, 5:00 am
In particular, the provisions set out in subsection (a)(3) of Section 1502 do not apply to the Governor or Lieutenant Governor of a state or an individual authorized by law to act as Governor; the mayor of a city; a duly elected head of an executive department of a state or a municipality of a state who is not classified under a state, municipal, merit or civil-service system; or an individual holding elective office A number of state, however, are reported to have authorized… [read post]
23 Feb 2012, 3:30 am
Those class actions arose from a tax dispute between T-Mobile and certain municipalities in the state of Missouri. [read post]
22 Apr 2014, 6:50 am
Next, the appeals court rejected the union’s assertion that the ability of municipal employees to engage in the activity of bargaining collectively with their employers is a fundamental right. [read post]
5 Jan 2012, 10:31 pm
This law, the Court reasoned, applied only to public employees, and effectively extended the limitations period for most such plaintiffs who work in municipalities that provide for an administrative grievance process before suit may be filed. [read post]
