McMurray – Spring 2023 – MJEAL

McMurray – Spring 2023 – MJEAL

Opening the Floodgates: Axon Enterprises, Inc. v. FTC and the Weakening of Public Power Keenen McMurrayIn November of 2022, the Supreme Court heard oral arguments on a pair of consolidated cases including Axon Enterprise, Inc. v. Federal Trade Commission[1] and Securities and Exchange Commissionv. Cochran.[2] These cases concern whether challenges to the adjudication processes of administrative agencies can properly be heard in a federal district court, without first going through the agencies’ respective processes.[3] This administrative agency adjudication process is established by the Administrative Procedure Act (“APA”), which is a federal act that governs the procedures of administrative law.[4]…
WA Court of Appeals Finds Policy in City’s Comprehensive Plan Regarding Commercial Uses in Industrial Areas Did Not Apply to Centers and Shelters

WA Court of Appeals Finds Policy in City’s Comprehensive Plan Regarding Commercial Uses in Industrial Areas Did Not Apply to Centers and Shelters

This post was authored by Matthew Loescher, Esq. In 2018, the City of Puyallup adopted the Puyallup Municipal Ordinance (PMO) 3179, which established a new chapter of the Puyallup Municipal Code—chapter 20.72 (PMC 20.72). This new code chapter restricted the sites of day use centers and overnight shelters serving people experiencing homelessness within the City. The ordinance permitted such centers and shelters only in industrial zones in a small corner of the City that was distant from any services and had almost no access to transit. Siting anywhere else in the City required approval from a majority of Puyallup’s city…
Injury Lawyers Toronto |  Sokoloff Lawyers

Injury Lawyers Toronto | Sokoloff Lawyers

Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy. Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers. As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…
Injury Lawyers Toronto |  Sokoloff Lawyers

Injury Lawyers Toronto | Sokoloff Lawyers

Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy. Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers. As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…
WA Court of Appeals Finds Policy in City’s Comprehensive Plan Regarding Commercial Uses in Industrial Areas Did Not Apply to Centers and Shelters

IL Appellate Court Holds City Immune From Tort Liability in Zoning Case

This post was originally published in Municipal Minute by Julie Tappendorf, Esq. of Ancel Glink and is reposted with permission In Xochi, LLC v. City of Galena, the Illinois Appellate Court found the City immune from liability under the Tort Immunity Act for claims relating to a zoning approval relating to a cannabis dispensary and upheld the dismissal of the case against the City. Xochi owned a building in the City of Galena which it agreed to lease to Veriflife, who intended to operate a cannabis dispensary. Verilife asked the City to complete a zoning form to certify that local…
WA Court of Appeals Finds Policy in City’s Comprehensive Plan Regarding Commercial Uses in Industrial Areas Did Not Apply to Centers and Shelters

Seventh Circuit Upholds Digital Sign Ban Citing Recent Supreme Court Case

This post originally appeared in Municipal Minute by Julie Tappendorf, Esq. of Ancel Glink and is reposted with permission. We have written a number of posts on Municipal Minute discussing the US Supreme Court’s rulings in cases challenging municipal sign codes under the First Amendment. In 2015, we reported on the Court’s decision in Reed v. Gilbert that struck down the Town of Gilbert, Arizona’s temporary sign regulations. The Reed case had afterward been applied by a number of courts across the country in challenges to municipal sign regulations where sign companies and others made an argument that the challenged…
AL Supreme Court docket Finds Boat-Launch Mission was a Governmental Perform, Moderately than a Proprietary One Making City Immune from Zoning Ordinance Set-Again

AL Supreme Court docket Finds Boat-Launch Mission was a Governmental Perform, Moderately than a Proprietary One Making City Immune from Zoning Ordinance Set-Again

This put up was authored by Matthew Loescher, Esq. The Chandlers and Barnes had sought an injunction to forestall the City Council of Perdido Seashore from establishing a public boat launch and pier on the finish of State Road on the western shore of Soldier’s Creek. – adjoining to their properties. On this case, the property appealed from a judgment entered by the Baldwin Circuit Court docket after a bench trial in favor of the City Council. Upon evaluate of the report, the court docket famous that the proposed boat launch can be positioned the place State Road ends on…
IA Appeals Court docket Affirms Zoning Board of Annulment’s Choice that Particular Use Allow Was Affordable and Supported by Substantial Proof

IA Appeals Court docket Affirms Zoning Board of Annulment’s Choice that Particular Use Allow Was Affordable and Supported by Substantial Proof

This submit was authored by Anna Kim, Touro College Jacob D. Fuchsberg Legislation Middle The appellant, Donald, and Judith Brinkley, appealed and argued that the Metropolis of Milford Zoning Board of Adjustment (Board) illegally granted the particular use allow to Okoboji Neighborhood College District (OCSD) with out substantial proof. The District Court docket held that the Board’s determination to approve the particular allow with a situation to delay the vegetative screening was authorized and supported by substantial proof. The Court docket of Appeals affirmed. In Could 2021, the OCSD submitted a particular use allow to assemble a brand new bus…