Agency Delegation to External Parties: An Unexplored Challenge
Benjamin LehmanThe Supreme Court recently declined to grant cert in Texas v. Commissioner of Internal Revenue, a case from the 5thth Circuit. However, the three justices said the decision was driven by threshold issues of mootness and statute of limitations, but they would grant a review on the delegation issues in a future case.[1] The case revived two major questions about the constitutional limits on delegation and presented a third issue for the first time. First, the petition challenged the extent to which legislative power can be constitutionally delegated away from…
This post was authored by Ashlee Vega- Slattery, Touro University Jacob D. Fuchsberg Law Center
The question in 20 Rewe Street, LTD v State of New York is whether a landowner was adequately compensated by the State for the partial taking of their Brooklyn property. The property, located in a manufacturing/industrial zone and totaling 39,900 square feet, was primarily unimproved; it consists only of a concrete wall and chain-link fence, and was used for storage and parking. In January of 2012, the New York State Department of Transportation seized 27,041 square feet from the northern side of the property, leaving…
This post was authored by Matthew Loescher, Esq.
Plaintiffs owned homes in the City of New Buffalo, Michigan, that they used, or intended to use, as short-term rental properties. In 2019, the City passed an ordinance requiring homeowners in the City to obtain a permit before using their homes as short-term rentals. In 2020, the City adopted a resolution that suspended the issuance of such permits. Plaintiffs brought this action against the City to challenge the validity of that resolution under state and federal law.
At the outset, the court noted that Plaintiffs’ failure or inability to obtain a short-term…
This submit was authored by Matthew Loescher, Esq.
Groba owned property throughout the Metropolis of Gelena Park and utilized for a allow to construct a quadruplex on that property. The Metropolis rejected his software, and Groba was suggested {that a} new Metropolis ordinance prevented him from constructing a multi-family unit on his property. Groba’s attorneys filed an “open information request” with the Metropolis searching for “manufacturing of all ordinances related to the situation, placement, and basic existence of duplexes throughout the Metropolis of Galena Park.” In October 2019, Groba’s attorneys despatched a letter to the Texas Legal professional Basic complaining…
This submit was authored by Matthew Loescher, Esq.
On this case, plaintiff George Sheetz challenged the $23,420 site visitors impression mitigation price (“TIM price”) imposed by the defendant El Dorado County as a situation of issuing him a constructing allow for the development of a single-family residence on his property in Placerville. Sheetz appealed from the judgment entered after the trial court docket sustained the County’s demurrer with out depart to amend and denied his verified petition for writ of mandate. On attraction, Sheetz contended for reversal was required as a result of the TIM price was invalid beneath each…
This publish was authored by Matthew Loescher, Esq.
Electors filed a grievance for injunctive reduction in opposition to group organizations and numerous county officers difficult the validity of group organizations’ referendum petition, which sought to incorporate poll query as as to whether a portion of land ought to have been rezoned for the aim of creating a medical marijuana cultivation facility , as permitted by the county board of supervisors. Following a bench trial and supplemental movement for abstract judgment, the Superior Courtroom, Graham County, denied electors’ request for injunctive reduction.
On attraction, Jones first argued the trial courtroom dominated…
This post was authored by Amy Lavine, Esq.
in Lepper v. Scordinothe Second Circuit Court of Appeals affirmed the dismissal of selective enforcement and class-of-one equal protection claims involving a treehouse that was built without a permit.
The court first explained that on a selective enforcement claim, a plaintiff must show that “(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated by an intention to discriminate on the basis of impermissible considerations, such as race or religion, to punish or inhibit the exercise of constitutional rights, or by a malicious or…
This post was authored by Amy Lavine, Esq.
in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the village for violations of the Telecommunications Act of 1996.
The court rejected the residents’ claims that intervention was necessary to protect their properties from the alleged aesthetic and economic impacts that would be caused by the installation of wireless cellular equipment on nearby properties. As the court explained, it was reasonable for the district court to conclude that the residents’ interests…
