Case summariesBy Sonni Choi Williams, Matthew S. Dionne, Rita Elsner, Joshua Herman, & Phillip B. LenziniNovember 2015Recent cases of interest to local government law practitioners.
Case summariesBy Sonni Choi Williams, Michael D. Bersani, Phillip B. Lenzini, Matthew S. Dionne, Rita Elsner, & Joshua HermanMarch 2015Recent cases of interest to local government law practitioners.
Conditions on special use permits: Will they be upheld if challenged?By Lisle A. StalterDecember 2015Special uses (also commonly referred to as “conditional uses”) are a great zoning tool for local governments to allow for uses that are infrequent and have unique impacts and yet are desirable.
Excessive force and qualified immunity after PlumhoffBy Matthew S. DionneMarch 2015This article summarizes the Plumhoff v. Rickard opinion, explores Plumhoff’s implications, and offers possible suggestions to attorneys and law enforcement in applying that decision.
Potential impact of hospital tax exempt status on local government entitiesBy Laine SutkayDecember 2015Some local government practitioners may not be aware that hospital tax exempt status is in question throughout the state, raising the issue of whether hospitals owe taxes to anyone, including the portion that benefits local government entities.
Private communications and FOIA: Policy questions in search of answersBy Ruth A. SchlossbergNovember 2015Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?
P.S.E.B.A.—What is an emergency?By John H. BrechinSeptember 2015In the recent case of Vaughn v. City of Carbondale, the Plaintiff sought a permanent injunction to prevent the Defendant City from terminating his employer-provided health insurance which he was receiving as a result of a disability from a duty related injury.
The (un)democratic nature of supermajority votingBy Erin M. BakerMay 2015Supermajority voting has been used since the founding of the United States. However, does the requirement of more than a simple majority directly conflict with the democratic principles our nation was founded on? History and case law seem to permit at least procedural supermajority requirements, so long as the imposition of a supermajority vote can be revoked by a simple majority.