23 results for 'cat:"Administrative Law" AND cat:"Municipal Law"'.
J. Streeter finds that the trial court properly denied writ relief to a cardroom whose application to expand was denied by the state gambling commission. A local voter-approved measure that would enable the expansion is not exempt from the Gambling Control Act, which requires approval from the commission. Also, the ballot language for the measure did not substantially comply with a requirement for neutral, concise wording. And the commission rightly rejected the cardroom's application because the measure did not comply with statute. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 30, 2024, Case #: A168427, Categories: administrative Law, Elections, municipal Law
J. Pirtle finds the county court properly dissolved the temporary restraining order preventing demolition of the property. The homeowner was issued a notice of property violations, and the restraining order was implemented pending resolution of litigation. The owner’s witness was found to not be credible, while the city’s witnesses were found to be credible. The multiple violations, pending for several years, had not been resolved. The owner also failed to demonstrate it lacked an adequate remedy at law. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 30, 2024, Case #: A-23-680, Categories: administrative Law, municipal Law, Injunction
J. Overstreet finds that the appeals court improperly found that the state municipal code constitutional preempts the city's home rule authority to administratively adjudicate violations of its ordinances. Therefore, state law is not an appropriate basis to reverse the city hearing officer's decision finding the drivers liable for violating the city's ordinances prohibiting overweight and/or overlength vehicles on non-designated roads. This decision overturns the First District's opinion in Catom Trucking v. City of Chicago. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: April 4, 2024, Case #: 129263, Categories: administrative Law, Constitution, municipal Law
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J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: administrative Law, Education, municipal Law
Per curiam, the circuit dismisses the suit by the former municipal airport authority commissioners who sought to enjoin a new law abolishing the municipal authority and replacing it with a regional authority. No commissioners originally intervening in this lawsuit are still in office, and no current commissioners are party to the suit. The former commissioners no longer stand to lose their seats and have no personal interest in the dispute.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 2, 2024, Case #: 21-60312, Categories: administrative Law, municipal Law, Jurisdiction
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: administrative Law, Government, municipal Law
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: administrative Law, Elections, municipal Law
Per curiam, the circuit denies the NAACP's emergency motions for an injunction pending appeal of the district court’s denial of a preliminary injunction. The association seeks to enjoin appointments of judges and prosecutors to a court created by the Jackson, Mississippi Capitol Complex Improvement District. The appointments would be made by the chief justice and state attorney general, rather than by locally elected officials in the largely white district. The authority structure will remain unchanged in Jackson, and the NAACP has failed to plead a cognizable injury-in-fact to show standing.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-60647, Categories: administrative Law, Civil Rights, municipal Law
[Consolidated.] J. Cassel finds the county court properly determined the sanitation district cannot levy a special assessment on property adjacent to, but not located within, its boundaries. A particular statute argued by the district authorizing a levy where exempt property has been “specially benefitted” by the district applies only to “property by law not assessable," and not to that outside the district. No reversible error is found as to the district's making a condemnation taking of part of the property or the jury's award to the owner for that taking. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 16, 2024, Case #: S-22-688 , Categories: administrative Law, municipal Law, Property
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. 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. Leinenweber partially grants an Illinois city’s motion for summary judgment on one of its police officer’s claims that it violated police and military employment laws. The city made the cop take accrued vacation time for a paid leave of absence to serve full time in the National Guard, which he claims was a violation of those laws. The court finds factual disputes make summary judgment inappropriate as to the city’s alleged violation of the Uniformed Service Members Employment and Reemployment Act, but as the cop was still paid by the city while serving as a guardsman, the court also concludes it did not violate the Illinois Military Leave of Absence Act.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 29, 2023, Case #: 1:17cv7938, NOS: Employment - Civil Rights, Categories: administrative Law, municipal Law, Military
J. Abramson finds that the county court properly found in favor of the county in this dispute regarding the responsibility for certain county jail maintenance fees. The city acknowledged it was responsible for its share of the relevant jail costs as set forth in a prior resolution. The court, therefore, did not err in finding that a different agreement did not exist for the relevant period, and it cannot be found that the court erred in awarding damages on the basis of the relevant ordinance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-195, Categories: administrative Law, municipal Law
J. Klappenbach finds that the county court properly found that the city did not violate the open-meeting provisions of the Arkansas Freedom of Information Act after it removed a tax option item from the meeting's agenda. Though the citizen alleges that the process by which the option was removed from the agenda constituted “secret serial meetings” and was a “disguised vote” on each proposed ordinance, which the FOIA requires to be done in a public forum, this is not applicable to the removal of the item by consensus of the city board. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CV-22-210, Categories: administrative Law, Government, municipal Law
J. Wheelock reverses the district court's order vacating the Office of Administrative Hearings' approval of a city's annexation of a portion of an adjacent township by joint resolution and requiring an evidentiary hearing and factual findings. The Minnesota statute setting forth the Office's powers in annexation proceedings does not impose an independent hearing requirement, and its lack of comment was not grounds for the district court to decline review. Reversed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: August 21, 2023, Case #: A23-0048, Categories: administrative Law, municipal Law
J. Winchester, under previously assumed jurisdiction, approves the turnpike authority’s application to approve revenue bonds to finance the construction of three turnpike projects, update and repair turnpike facilities and infrastructure, refund prior revenue bonds and notes, and pay other costs. Protestants say that the authority was statutorily allowed one bond issue for the entire construction of four turnpikes. Since the authority did not previously construct the entire loop from the first bond issue, the protestants contend that it is barred from issuing any more bonds. The relevant title provides that if the court is satisfied that the bonds have been properly authorized in accordance with the Oklahoma Highway Code, it shall approve the revenue bonds. This is in keeping with 30 years of precedent. The authority has properly exercised its authority to determine the routes and has legislative authority to issue additional bonds. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: August 1, 2023, Case #: 120619, Categories: administrative Law, Construction, municipal Law
J. Worthen finds the trial court properly entered summary judgment in favor of the county which assessed taxes on the natural gas compressors which were leased to a business within that county but stored and maintained in another county. Though the tax code allows for taxation of a dealer’s “heavy equipment inventory” only in the county in which the inventory is based and maintained, because the lessor protested the appraisals, the protests of which were denied, the doctrine of res judicata precludes further review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00325-CV, Categories: administrative Law, municipal Law, Tax
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court’s conclusion that certain “Notices to the Public” were not sufficient protests in writing because they were “prepared, signed and delivered” after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: administrative Law, municipal Law, Due Process