597 results for 'cat:"Administrative Law"'.
Per curiam, the appellate division finds that the lower court properly found for the department, ruling that its decision to fire the probationary teacher was not arbitrary and capricious. Evidence of the teacher's unsatisfactory performance while a probationary teacher rebuts his allegations of bad faith. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06342, Categories: administrative Law, Employment
Per curiam, the appellate division finds that the lower court properly found for the city, which charged the landlord with the unauthorized use of a tenement for single room occupancy in violation of its certificate of occupancy. As a Class A multiple dwelling, none of the units in the building may be used for occupancy periods shorter than 30 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06335, Categories: administrative Law, Landlord Tenant
J. Cadish finds the district court properly denied the correctional officer's petition for judicial review of an administrative decision. The officer was suspended for 5 days for insubordination and says the department received a time extension without good cause while conducting its investigation. Though the extension was given strictly for the department to decide the length of the suspension, and done after the investigation had been completed, the proposed discipline is part of the process of review and subject to the same rules and needs. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 12, 2023, Case #: 85257, Categories: administrative Law, Employment, Due Process
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J. Gill finds the circuit court properly affirmed the administrative law judge's decision reversing the natural resources department's issuance of a wetland individual permit to the manufacturing company related to the construction of a new golf course that would require discharging dredged or fill material into more than three acres of wetlands. The relevant Wisconsin statutes require the department to consider the entire "proposed project" beyond just the effects on the specific impacted wetlands, which necessarily includes secondary impacts on wetland functional values such as the value of bird habitats and "scenic beauty," water quality and other net environmental impacts. There is also substantial evidence that the department did not have sufficient information to determine the overall adverse impacts of the project at the time it issued the permit, and it is also concluded that the administrative law judge did not require the department to make quantitative findings about secondary impacts of the project. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: December 5, 2023, Case #: 2021AP001187, Categories: administrative Law, Environment
J. Cunningham finds that the appeals court improperly ordered the Illinois State Police to comply with the firearm owners' Freedom of Information Act request for documents related to the revocation of their Firearm Owner Identification Cards. An individual's application for a FOID card and subsequent revocation letter are not properly characterized as "public records." However, the firearm owners may obtain the information they seek through the Firearms Services Bureau. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128275, Categories: administrative Law, Public Record, Firearms
J. Parker finds that the lower court improperly affirmed an administrative order revoking the appellant's driver's license. The appellant was allegedly involved in a motor vehicle accident, but the evidence is insufficient to support the revocation of his license. The police report indicated that he was "having a mental health episode," but there is no evidence that the the officer "was qualified to make a mental health determination." Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 30, 2023, Case #: 07-23-00236-CV, Categories: administrative Law, Vehicle
J. Holder White finds that the appeals court improperly reversed the dismissal of a class action complaint accusing the city of routinely issuing improper central business district tickets for parking meter violations. The driver failed to exhaust his administrative remedies by not challenging his individual ticket before the Department of Administrative Hearings. Reversed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: November 30, 2023, Case #: 128575, Categories: administrative Law, Municipal Law, Class Action
J. Abramson finds the circuit court properly awarded summary judgment to the landfill in a dispute between two county waste management services over fees involving interdistrict waste, which forced the landfill to assess a service fee and remit it back to the county. One county's unilateral reduction of another's waste assessment fee disregards the fee statute. The county lacked statutory authority to assess a per-ton fee on haulers, making them responsible for collecting and remitting the fee. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 29, 2023, Case #: CV-22-142, Categories: administrative Law, Government
Per curiam, the appellate division finds that the lower court properly denied Madison Square Garden a writ of prohibition based on its claim that the state liquor authority exceeded its authority by moving to revoke its special on-premises liquor licenses. The move was based on allegations the venue used facial recognition technology to find attorneys bringing actions against the venue or any of its affiliates and eject them from the venue, rendering it no longer open to the general public as required by the Alcoholic Beverages Control Law. The venue cannot show a likelihood of success on the merits under the facts of this case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 28, 2023, Case #: 06090, Categories: administrative Law, Technology
J. Dysart finds that the Louisiana Tax Commission properly granted a taxpayer's protest to reduce the valuation of her property by the assessor. The taxpayer showed that the property has only been used as greenspace and for water retention and provided evidence of the substandard condition of the streets near her vacant lot. The taxpayer claimed that the assessor inequitably valued her property by failing to take into account the varying condition of streets in the neighborhood. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: November 28, 2023, Case #: 2023-CA-0079, Categories: administrative Law, Property, Tax
J. Ardini finds that the lower court improperly dismissed the firefighter union's petition for a petition for certification of representation with the State Board of Mediation, seeking to create a bargaining unit consisting of fire captains employed by the City of Richmond Heights. The Board incorrectly applied the contract bar rule because the union was not attempting to add captains to an existing bargaining unit, but to create a separate bargaining unit for senior firefighters. Reversed.
Court: Missouri Court Of Appeals, Judge: Ardini, Filed On: November 28, 2023, Case #: WD86174, Categories: administrative Law, Labor
J. Jones grants the state's motion for attorney fees and costs in a case where a party to an ongoing divorce proceeding and her non-attorney "ADA advocate" sent a letter to the court clerk and judge alleging the court is knowingly and willfully denying equal access under the Americans with Disabilities Act. The parties were informed several times in writing and at hearing that the requests were improperly made, including improper, ex-parte communication with the judge. There is no legal basis for the case to proceed, and sanctions are appropriate.
Court: USDC Nevada, Judge: Jones , Filed On: November 22, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Ada / Rehabilitation Act, Sanctions
J. Powell finds that the commission properly awarded the worker partial temporary disability benefits and future medical care after finding he suffered an injury arising from a workplace accident. The court reasonably found that 30% of the worker's pain and suffering was due to the accident which aggravated her pre-existing back condition. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: November 21, 2023, Case #: SC10006, Categories: administrative Law, Workers' Compensation
J. Sutton finds the lower court improperly vacated the IRS tax-avoidance notice on a nationwide basis. The business owners who brought suit for refunds of their penalties sought only monetary relief, which was satisfied when the IRS provided refunds, and, therefore, the case was mooted and the court lacked jurisdiction upon remand from this court.
Court: 6th Circuit, Judge: Sutton, Filed On: November 20, 2023, Case #: 23-1138, Categories: administrative Law, Government, Tax
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: administrative Law, Municipal Law, Contract
J. Smith finds the district court improperly dismissed this free speech suit brought by a Louisiana State Bar member who says the bar unconstitutionally collected membership fees while engaging in political advocacy unrelated to law and legal services. Though the bar argues the speech was insignificant, and certain complained-of speech does pass the germaneness test, its positions on LGBT issues, the state Equal Pay Act, a high school curriculum and other speech unrelated to legal practice violate the First Amendment right to association. Reversed in part.
Court: 5th Circuit, Judge: Smith , Filed On: November 13, 2023, Case #: 22-30564, Categories: administrative Law, Constitution, First Amendment
J. Engelhardt finds the district court properly determined that the Bureau of Alcohol, Tobacco, and Firearms has no authority to regulate part kits that might be incorporated into a “firearm” just because Congress enacted the Gun Control Act. The court, though, improperly vacated the bureau’s entire final rule rather than the challenged portions. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 23-10718, Categories: administrative Law, Agency, Firearms