Posted 25 May 2023 in Case Notes Written by: Amanda Karras

Today, in a unanimous opinion, the Supreme Court concluded that Hennepin County violated the Takings Clause by keeping the surplus equity in a condominium that it sold after the homeowner failed to pay her property taxes (and failed to regain title to that property pursuant to state law).  The Taking occurred not with the sale of the property for failure to pay property taxes or when the County kept the tax debt (including interest and penalties), but rather, the County...

Posted 18 May 2023 in Case Notes Written by: Erich Eiselt

Do states have the authority to regulate how long trains can stop at grade crossings?  That, in essence, is the question being presented in a recent petition for Supreme Court certiorari by the State of Ohio in its action against railroad behemoth CSX. Filed in November 2022, the petition  arises after the Ohio Supreme Court, in a divided opinion in State of Ohio v. CSX Transportation, Inc., no. 2020-6038 (Ohio Aug. 17, 2022), held that federal law preempts such action...

Posted 15 May 2023 in Case Notes Written by: Amanda Karras

Last week, in a win for local governments, the Supreme Court rejected an overly expansive view of the dormant Commerce Clause in National Pork Producers Council v. Ross.  Justice Gorsuch, writing for the majority, declined the pork producers’ arguments which would have “fashion[ed] two new and more aggressive constitutional restrictions on the ability of States [and local governments] to regulate goods sold within their borders.” As he pithily put it, “[w]hile the Constitution addresses many weighty issues, the type of...

Posted 02 May 2023 in Case Notes Written by: Erich Eiselt

Tyler v. Hennepin County, no. 22-166 (US 2023) Background: This case involves a challenge to Minnesota’s statutory property foreclosure scheme. The Plaintiff stopped paying taxes on her Hennepin County condominium in 2010 and for three years thereafter failed to respond to delinquency notices. Subsequently, she did not take advantage of any of the multiple additional avenues that Minnesota law provides to redeem her property or to protect her equity interest. She even apparently went so far as to tell the County...

Posted 25 Apr 2023 in Commentary Written by: Amanda Karras

During the IMLA Seminar on Friday, 4/21 Amy Howe, a prominent Supreme Court reporter predicted that the Supreme Court could grant two important First Amendment social media cases as early as Monday, 4/24, which is exactly what happened.  The cases are Lindke v. Freed and O’Connor-Ratcliff v. Garnier, and they involve almost identical issues: Whether an elected official violates the First Amendment by blocking someone from their social media account where that account purports to be personal in nature (though...

Posted 21 Apr 2023 in Business Written by: Caroline Storer

IMLA’s amicus program is very busy and has had a successful year – filed over 30 briefs in the last year. Most of the cases below are pending cases but we’ve had notable wins as well.  As a reminder, the Supreme Court accepts cert in only about 1% of cases, so denial of cert can be due to many reasons and in each of our cases we were exceptionally well represented. We can only enjoy this success and help our members out...

Posted 10 Apr 2023 in Commentary Written by: Deanna Shahnami

Last month was Women’s History Month.  In honor of that, IMLA would like to congratulate all of the nominees from our amazing membership. We would like to recognize those nominated and those not for their accomplishments and commitment to local government across the United States. Marianne Banks Attorney - Austin, Texas Marianne has been active in IMLA (formerly NIMLO) since 1987 and has spent over 36 years practicing primarily municipal law. She was in the first class of Fellows designated in 1999 and has...

Posted 29 Mar 2023 in Case Notes Written by: Amanda Karras

Yesterday, the Supreme Court held that the Quiet Title Act’s 12-year statute of limitations period is a claims processing rule, rather than a jurisdictional bar to suit. Because local governments are involved in property disputes with the federal government and the Quiet Title Act is the exclusive mechanism for resolving such disputes, this ruling will benefit local governments. The Quiet Title Act, 28 U.S.C. §2409a provides a waiver of sovereign immunity for the United States, stating: “The United States may be...

Posted 07 Mar 2023 in Commentary Written by: Erich Eiselt

Background Item One: Times, Places, and Manners: We know that in all elections–presidential, Congressional, or local–the ease of access to the ballot box, the conditions on proving voter identity, the use of mail-in ballots, the timing when votes can be counted, and many other factors, can play a huge role in voter participation and ultimately in outcomes.  When it comes to federal elections, the Framers allocated to the “Legislature” of each state significant authority over those factors.  As Article 1...

Posted 01 Mar 2023 in Business Written by: Erich Eiselt

In the summer of 2022, IMLA announced the inaugural Charles Thompson Jr. Local Government Law Scholarships—competitive awards intended to recognize rising 2Ls and 3Ls with demonstrated interest and accomplishment in the study of municipal law. All candidates submitted written expressions of interest, law school transcripts, and letters of recommendation. In addition, those seeking the larger $5,000 scholarship were required to submit an original work relating to local government law. We were fortunate to receive a significant number of outstanding applications from...