California Municipal Law Blog
category:
Recent Court Decisions
by Jillian Martins on July 10, 2024
posted in
Recent Court Decisions,
On July 8, 2024, the Ninth Circuit took its first action in response to the Supreme Court’s decision to overturn their ruling in City of Grants Pass v. Johnson (“Grants Pass”). The Ninth Circuit released an Order and Memorandum vacating, in part, a preliminary injunction in a pending case Coalition on Homelessness v. City and County of San Francisco (“Coalition”), providing a first glimpse into how the largest federal appeals court in the nation interprets Grants Pass; and, potentially, how the Ninth Circuit will address regulations affecting the homeless population of a local entity ... Continue Reading
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by Jillian Martins on July 3, 2024
posted in
Code Enforcement, Recent Court Decisions,
Last week, the United States Supreme Court decided a case that overturned well-known precedent affecting the right of California cities to cite individuals for sleeping on public property. This decision has significant implications for how cities may now address encampments and related code enforcement issues.
The Boise Precedent
While there were a number of Ninth Circuit opinions which dealt with homeless enforcement issues prior to the now well-known decision in Martin v. Boise, the Boise opinion is widely considered to be a turning point in the ability of state and local governments ... Continue Reading
tags:
Code Enforcement, encampments, Martin v. Boise, unhoused populations, United States Supreme Court,
by Jolena Grider on September 19, 2019
posted in
Employment Law, Recent Court Decisions,
On September 18, 2019, Governor Newsom signed AB 5 which codifies the Independent Contractor/Employee test in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903.
AB 5 adds Section 2750.3 to the Labor Code which provides that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity can satisfy the ABC test.
... Continue Reading
tags:
AB 5, ABC Test, Dynamex Case, Independent Contractors,
by Jake Madden on June 26, 2019
posted in
Recent Court Decisions, U.S. Supreme Court,
On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court.
In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
... Continue Reading
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Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,
by Samuel Emerson on March 2, 2019
posted in
Code Enforcement, Recent Court Decisions,
In a published opinion filed on February 26, 2019, the California Court of Appeal for the Second District upheld the use of super-priority liens to fund rehabilitations of residential properties under Health and Safety Code section 17980.7. At issue in City of Sierra Madre v. SunTrust Mortgage, Inc. was whether the trial court abused its discretion when it authorized the receiver to borrow $250,000, secured by a super-priority lien, to fund the remediation of residential property.
... Continue Reading
tags:
Health and Safety Code, Lien Priority, Liens, Receiverships,
