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Posted 27 Jun 2019 in Case Notes, Commentary Written by: Lisa Soronen

Research has shown that the more partisan gerrymandered a state legislature is, the more likely it is to preempt local ordinances. This case is important to local governments and to our democracy more generally. In Rucho v. Common Cause the Supreme Court held 5-4 that partisan gerrymandering claims are non-justiciable—meaning that a federal court cannot decide them. Partisan gerrymandering is the practice of drawing legislative districts to benefit one political party. In Davis v. Bandemer (1986) a majority of the Supreme Court...

Posted 02 Oct 2017 in Case Notes, Commentary, Monday Morning Review
At the Supreme Court’s “long conference,” where it decides which petitions—that have been piling up all summer—to accept, the Court agreed to hear two unrelated cases involving car searches. Per the Fourth Amendment police officers generally need a warrant to search a car. However,  the automobile exception allows officers to search a car that is “readily mobile” without a warrant if officers have probable cause to believe they will find contraband or a crime has been committed.  Collins v. Virginia raises the question of whether the automobile exception applies to a car that is parked on private property.

Posted 27 Jun 2017 in Case Notes, Commentary, IMLA Briefs

Good news for local governments with "merger" ordinances: you can keep them on the books.

　It has been a number of years since states and local governments have won a property rights case. But in Murr v. Wisconsin the Supreme Court concluded 5-3 that no taking occurred where state law and local ordinances "merged" nonconforming, adjacent lots under common ownership, meaning the property owners could not sell one of the lots by itself. The State and Local Legal Center (SLLC), filed an amicus brief, which the Court cited two times, arguing that these very common provisions are constitutional.　

　The Murrs owned contiguous lots E and F, which together are .98 acres. Lot F contained a cabin and lot E was undeveloped. State law and a St. Croix County merger ordinance prohibit the individual development or sale of adjacent lots under common ownership that are less than one acre total. A grandfather clause allows for the sale and development of separately owned substandard lots purchased before the statute and ordinance went into effect.

     The Murrs sought and were denied a variance to sell Lot E to finance moving the cabin on Lot F. They claimed the ordinance resulted in an unconstitutional uncompensated taking.