597 results for 'cat:"Administrative Law"'.
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: administrative Law, Education, Jurisdiction
J. Rivera finds that the appellate division improperly held that changes to for-profit nursing homes' Medicaid rates could not be made retroactively because legislation authorizing the changes to help close a state budget gap specified an April 1 effective date, and new rates were not made retroactive when homes were notified months after federal approval. Meanwhile, the usual 60-day advance notice requirement was not applicable due to the urgency of the fiscal crisis. Reversed in part.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 23, 2024, Case #: 31, Categories: administrative Law, Civil Procedure, Medicaid
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: administrative Law, Civil Procedure
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J. Shanker dismisses appeals arising from two residents' challenges to spikes in their water bills, believing defective equipment led to the charges. The Office of the People's Counsel, which filed the appeals, lacks standing, as it was not a party to the proceedings before the hearing officer.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 18, 2024, Case #: 22-AA-0449, Categories: administrative Law, Civil Procedure
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: administrative Law, Elections, Health Care
[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: administrative Law, Environment, Property
J. Veljacic finds that the lower court properly upheld a decision from Washington State's Department of Labor and Industries to implement a new "Interpreting Works Scheduling" system. The department was working under an "explicit directive" from the state legislature to implement a new system since 2018, and the department gave all the proper notice that a system change was incoming. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 16, 2024, Case #: 58071-3-II, Categories: administrative Law, Labor
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: administrative Law, Arbitration
J. Moss denies the state of Florida's motion for a stay of a prior order granting partial summary judgment to environmental groups in a suit alleging that federal regulators improperly delegated permitting authority to Florida regulators, and denies its motion for final judgment while granting its alternative request for relief in the form of partial final judgment. A limited stay in this case “is neither workable nor desirable,” and would require the Court to develop a program splitting work between different agencies over those agencies’ objections and result in needless redundancy. The final judgment motion is denied because one count, regarding the Army Corps of Engineers’ retained waters list, has remaining controversies to resolve. This count, however, is substantially distinct from the other counts in its legal theory and the administrative record it involves, so final, appealable judgment is entered as to the other counts.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 12, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: administrative Law, Civil Procedure, Environment
J. LeGrow finds that the lower court improperly exercised jurisdiction to stay the implementation of the Medicare Advantage Plan because the adoption of a new health plan by an employee benefits committee for state retirees did not constitute a regulation as defined in Delaware's Administrative Procedures Act. Thus, the cross-appeal seeking attorney fees should be dismissed as moot.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: April 12, 2024, Case #: 178, 230, Categories: administrative Law, Medicare, Attorney Fees
Per curiam, the appellate division finds that the lower court improperly awarded the contractor $458,000 in damages against the building owner for repair work performed following Superstorm Sandy. Evidence shows that the contractor did not have a valid license to perform electrical work in the city, so it may not recover against the building owner. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 10, 2024, Case #: 01907, Categories: administrative Law, Contract
J. Welsh finds the district court properly dismissed the property owner's complaint concerning a speed bump the other property owner installed on a private road subject to the moving party's easement. The owner failed to establish the speed bump materially interfered with use of the easement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welsh , Filed On: April 9, 2024, Case #: A-23-446, Categories: administrative Law, Property
J. Witt finds that the lower court improperly denied the man's petition for a writ of mandamus against the Missouri Commission on Human Rights. The evidence establishes that the commission did not make a valid determination of probable cause when terminating his disability discrimination claim and the man had an unequivocal right to the issuance of a right-to-sue letter. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 9, 2024, Case #: WD86214, Categories: administrative Law, Ada / Rehabilitation Act
Per curiam, the appellate division finds that the lower court properly denied the woman's request to seal her record of child neglect making her unable to obtain a childcare license. The report's allegations were supported by the evidence and related to the woman's childcare employment. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01899, Categories: administrative Law, Licensing
J. Pan reverses the district court’s finding for the National Association of Realtors, which had petitioned to set aside a new investigative subpoena issued by the Department of Justice pertaining to its investigation into NAR’s allegedly anti-competitive, commission-related practices. Contrary to the district court’s finding, the DOJ had the power to withdraw its previous proposed consent judgment and reopen its investigation.
Court: DC Circuit, Judge: Pan, Filed On: April 5, 2024, Case #: 23-5065 , Categories: administrative Law, Antitrust, Real Estate
J. Branch finds that the district court properly upheld the administrative law judge's denial of the individual's second claim for Social Security disability benefits. The second denial found that the individual could perform a modified form of "light work" after an earlier denial determined he could only perform "sedentary work." Any error the judge committed in finding that the individual was limited to light work was harmless. The individual failed to show that he would have a right to disability benefits even if the judge had again found that he was limited to sedentary work. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: April 4, 2024, Case #: 22-10568, Categories: administrative Law, Social Security
J. Hudson finds the trial court properly dismissed the voter advocacy group's complaint for declaratory relief. The group says voting machines used by the state are noncompliant because the voter cannot independently verify selections on the ballot prior to casting a vote. Testimony introduced at the hearing established the voter has the opportunity to review his or her selections on a summary screen. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-755, Categories: administrative Law, Constitution, Elections
J. Webb finds the trial court properly found for the state on a concealed carry license holder's claim he is entitled to carry a firearm into the university's on-campus arena. Though the licensee correctly notes state law provides that prohibition of concealed carry on a premises covered by an alcohol permit “does not apply if the place is [a] public university," the code is limited to the location and readability of the notice of prohibition. The arena is covered by an alcohol permit and has provided the requisite, readable notice. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 4, 2024, Case #: CV-23-518, Categories: administrative Law, Education, Firearms