14 results for 'cat:"Government" AND cat:"Municipal Law"'.
J. Horton finds, in this interlocutory appeal, the trial court properly granted the river authority's motion for summary judgment. The utilities entities did not have the right to assert certain affirmative defenses to the authority's breach of contract claim for payment under longstanding contracts it used to secure repayment of its debt in return for the sale of outstanding bonds. Under statutes applying to the bonds, the legislature made the validity of a local government's contracts pledged to secure a debt obligation and approved through the process required by these statutes “incontestable in a court or other forum.” The incontestability statutes expressly foreclose the utilities' right to assert the affirmative defenses raised. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 9, 2024, Case #: 09-23-00167-CV, Categories: Debt Collection, government, municipal Law
J. Ballou grants the county's motion to dismiss a waste management company's request for a declaratory judgment in a challenge to the county's waste control ordinances, which give the public service authority the exclusive right to collect solid waste in the county. The ordinance's plain language does not carve out exemptions for collecting industrial and commercial waste, as the company contends.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv327, Categories: government, municipal Law
J. Stading finds that the trial court ruled improperly in favor of the county in this complaint brought against it alleging misuse of funds generated from tourism in the Outer Banks. There is sufficient evidence the board of commissioners used the monies for purposes other than those outlined in the governing amendment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Stading, Filed On: March 19, 2024, Case #: COA22-699, Categories: government, municipal Law
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
[Combined.] J. Lynch finds that the lower court properly held that a town could tap an escrow account established for a proposed residential resort community to assess compliance with original design parameters. When questions arose on whether a lot owner deviated from the design directives, the town was entitled to utilize the escrow account to pay the consultants retained to assist in the review. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 14, 2024, Case #: CV-23-0407, Categories: government, municipal Law, Housing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hoffstadt finds that the trial court properly granted a city’s demurrer without leave to amend on a neighboring city’s claim that heavy truck traffic being diverted onto its streets was a public nuisance. The boarder streets are outside the parties’ power to regulate because the ordinance refers to “any street, road, or public right-of-way within the city.”
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B327413, Categories: government, municipal Law
J. Hendon finds the trial court properly entered an order that, in part, enjoined the removal of a city commissioner from his elected office after four other commissioners voted to vacate his seat for failing to attend a regular commission meeting for 120 days. Because there was not a quorum of commissioners voting to vacate the commissioner's seat, the vote was invalid, and the commission's calculation of the start of the 120-day attendance window was not made in line with the requirements of the city charter. The rest of the issues presented on appeal are not addressed. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 31, 2024, Case #: 23-1082, Categories: government, municipal Law
J. Wilson declares unconstitutional the Truly Agreed and Finally Passed House Bill 1606, which sought to reduce the amount of information certain counties are required to publish in their financial statements, because it violates the single subject requirement. The bill also includes provision to restriction the expenditure of state funds on combating homelessness, and makes the act of sleeping or camping on state-owned lands a class C misdemeanor.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: December 19, 2023, Case #: SC100045, Categories: Constitution, government, 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. Theriot finds that the trial court properly denied the proposed incorporation of the City of St. George in the southeast section of East Baton Rouge Parish. The petition for incorporation did not comply with the statutory requirements since it lacked a plan for the provision of the listed services. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: July 14, 2023, Case #: 2022CA1203, Categories: Elections, government, municipal Law
J. Hodge grants the Philadelphia Parking Authority’s (PPA) motion to dismiss in this matter concerning parking violations. A citizen had outstanding parking violations and her vehicle was impounded. When she went to pay the tickets and fines to retrieve the vehicle, instead of being assessed the amount of violations pertaining to the vehicle, she was presented with a list of violations under her name totaling $3,705, which included violations by her mother, who shares the same name, going back decades. The citizen went through the process of attending an administrative hearing where they affirmed that she must pay the fines before retrieving the vehicle, but did not notify the citizen of the corrected amount of $1,063; her vehicle was subsequently sold at auction. While the court grants dismissal to the PPA, as it acted properly, as well as all individual defendants, it denies dismissal to the City of Philadelphia. The citizen sufficiently argued that the Bureau of Administrative Adjudication (BAA), as part of the City of Philadelphia, may have violated her constitutional right to due process under the Fourteenth Amendment.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: June 27, 2023, Case #: 22-1155, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, government, municipal Law
J. Stark finds in favor of the town in a dispute from residents asking for a mandamus order forcing the town to act on its petition to either get the town to adopt their proposed boating ordinance related to concerns over hazardous wakes in town waterways or put the ordinance to a vote with electors. The circuit court correctly denied the residents' mandamus petition, as the relevant Wisconsin direct legislation statute does not apply to towns and does not give the residents the authority to order the town to act on its ordinance petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: June 20, 2023, Case #: 2022AP000720, Categories: government, municipal Law