Here are published decisions involving local governments from the federal appellate courts from December 9, 2013, through December 13, 2013: Sixth Circuit Henschel v. Clare County Road Commission, No. 13-1528 (Dec. 13, 2013) (in ADA claim brought by individual not permitted to return to work after accident, reversing grant of summary judgment to road commission because genuine issues of material fact remained about whether individual was qualified). Seventh Circuit Jones v. City of Elkhart, No. 12-3912 (Dec. 12, 2013) (affirming grant of summary judgment for City...
Here are published decisions involving local governments from the federal appellate courts from November 25, 2013 through December 6, 2013: Second Circuit American Petroleum and Transport v. City of New York, No. 12-4505 (Dec. 6, 2013) (finding that vessel owner may not be awarded damages for economic loss due to negligence in the absence of physical damage to property). Fourth Circuit Sandslands C&D LLC v. County of Horry, No. 13-1134 (Dec. 3, 2013) (affirming that County waste-disposal ordinance does not violate Dormant Commerce or...
The dumping or depositing by any person at any place other than at the designated facilities of any acceptable waste generated within the County is prohibited.The County crafted the ordinance to further many public benefits: to conserve resources, to prevent pollution, and to protect the public health, safety, and well-being. For the public landfill, the ordinance also ensured a revenue stream. But for a private landfill operator located just two miles from the County line, the ordinance was a real problem. The ordinance led to a significant decrease in its business. The operator sued the County. It argued that the County ordinance violates the dormant-commerce clause and the equal-protection clause of the federal constitution. Is the operator correct? In Sandlands C&D LLC v. County of Horry, No. 13-1134 (Dec. 3, 2013), the Fourth Circuit ruled against the operator. It upheld the district court's grant of summary judgment for the County. Applying the Supreme Court's decision in United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 346 (2007), the court ruled that
Because it does not infringe a fundamental right, the smoking ordinance will stand if it passes rational basis scrutiny. . . .The bar owners have failed to meet this heavy burden. There are numerous reasons the City may have chosen to limit smoking in enclosed public spaces, and the bar owners have failed to disprove all of them.
Here are published decisions involving local governments from the federal appellate courts from November 18, 2013 through November 22, 2013: First Circuit: Easthampton Savings Bank v. City of Springfield, No. 12-1917 (Nov. 22, 2013) (certifying state-law questions regarding municipal ordinances addressing foreclosures to the Massachusetts Supreme Judicial Court). See our coverage here. Seventh Circuit: Hamilton v. Village of Oak Lawn, No. 12-3174 (Nov. 20, 2013) (affirming dismissal of 1983 challenge based on alleged unlawful detention under Fourth Amendment). ...
Many cities have struggled with the effects of foreclosures. But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area? A First Circuit case, Easthampton Savings Bank v. City of Springfield, No. 12-1917 (Nov. 22, 2013) addresses that question. Six banks sued the City of Springfield, Massachusetts, after it had adopted two foreclosure ordinances. The ordinances require: banks to maintain property during the foreclosure process and to provide a $10,000 cash bond to the City; and banks and...