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30 Mar 2011, 5:56 am
Monell is a Supreme Court case (and now standard) holding that a municipality is not liable for its employees' violations of the Constitution unless the infraction was the result of some official policy or custom. [read post]
28 Aug 2006, 1:16 pm
The specific question before the Court was whether the tax statute violated the Home Rule Act, but the same basic principle was at stake: Whether income that is generated as a direct consequence of municipal services can be tax to fund those services. [read post]
3 Apr 2009, 9:21 am
The Court’s orders Friday on argument  arrangements  are here. [read post]
19 Dec 2014, 8:09 am by Eleanor Winslet
In our previous blog, “Are obese workers protected from discrimination” , we confirmed the advocate general’s opinion in the case of Kaltoft v Municipality of Billund (case C-354/13) that while obese workers were not automatically covered by EU disability discrimination law, the worker may be considered to be disabled where he or she is “severely, extremely or morbidly obese”. [read post]
9 Feb 2009, 5:34 pm
(e) Any dog declared vicious by the judge of the municipal court may be ordered humanely euthanized immediately. [read post]
29 Jun 2015, 2:35 pm by Arthur F. Coon
Interpretation of Municipal Code section 126.0504(i)(3)’s language — requiring a finding of “no [other] reasonable beneficial use” for approval of projects substantially altering designated historical resources — involved “a question of first impression. [read post]
16 Oct 2007, 1:37 pm
In striking down that municipal ordinance, the court said it lacked any "rational basis" and thus violated the due process rights guaranteed in the U.S. [read post]
1 Jul 2022, 12:30 pm by John Ross
Like, for instance, the municipal court judge, who can be let go for not generating enough revenue. [read post]
17 Apr 2019, 4:59 am by Patricia Salkin
The court found that the Zoning Ordinance did not prohibit medical clinics throughout the municipality; instead, it permitted stand-alone medical clinics in C-1 and C-2 Districts. [read post]
1 Mar 2017, 5:35 pm by Patricia Salkin
The court therefore held that the Town was entitled to summary judgment on the Church’s free exercise claim. [read post]
7 Jun 2022, 8:04 pm by Patricia Salkin
In light of the above, the court found a genuine issue of material fact as to whether the alleged retaliatory actions were taken pursuant to a municipal policy or custom. [read post]
8 Oct 2022, 10:14 am by Patricia Salkin
Accordingly, the court affirmed the district court’s holding that Section 18-913(1)(b) was severable and should be struck from the Ordinance. [read post]
7 Oct 2022, 10:14 am by Patricia Salkin
Accordingly, the court affirmed the district court’s holding that Section 18-913(1)(b) was severable and should be struck from the Ordinance. [read post]
26 Feb 2016, 1:49 pm by Evan M. Levow
The municipal court overruled the defendant’s objections, citing a 2006 New Jersey Supreme Court decision, State v. [read post]
18 Aug 2022, 1:40 pm by Kevin LaCroix
The court gave the plaintiff leave to file an amended complaint. [read post]
8 Mar 2011, 8:03 am by Daniel Richardson
   Having spent enough time in the friendly skies of municipal bodies and state agencies, our pilot opted to try a different branch of government and stopped next at the superior court. [read post]
6 Feb 2016, 8:56 pm by Patricia Salkin
Moreover, the FOAA contained no prohibition against municipal boards simultaneously entering into executive session to jointly consult with counsel about how to comply with the law in carrying out their respective duties. [read post]