Rehabilitation Act Archives

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted 03 Sep 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

First Circuit

Town of Johnston v. Fed. Housing Finance Agency, No. 13-2034 (Aug. 27, 2014): The court affirmed the dismissal of the municipalities' claim that Fannie Mae and Freddie Mac failed to pay taxes on property transfers; the court found that statutory exemptions from taxation applied. As the court put it: "Six other circuits have recently considered this attempt to shoe-horn a transfer tax into a real property tax, and they have unanimously rejected the argument."

Second Circuit

Holt v. Town of Stonington, No. 12-4878 (Aug. 29, 2014): The court found that plaintiff who challenged Town's restrictions on her ability to build on her property failed to exhaust administrative remedies as required by Connecticut law.

Third Circuit

Posted 19 May 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Second Circuit

Sherman v. Town of Chester, No. 13-1503 (May 16, 2014) (ruling that takings claim against the Town was ripe because seeking a final decision from the Town would be futile and because Town had removed case to federal court).
Morales v. City of New York, No. 13-2126 (May 16, 2014) (affirming dismissal of complaint against City alleging malicious prosecution, abuse of process, deprivation of right to fair trial, and deprivation of constitutional rights on account of race and color).
Disabled in Action v. Bd. of Elections in the City of New York, No. 12-4412 (May 14, 2014) (affirming that City Board of Elections violated Section 504 of the Rehabilitation Act and Title II of the ADA by failing to provide people with mobility or vision disabilities with meaningful access to voting program).

Posted 24 Feb 2014 in Monday Morning Review

Here are last week's published decisions involving local governments:

Third Circuit

M.R. v. Ridley School District, No. 12-4137 (Feb. 20, 2014) (finding under Individuals with Disabilities in Education Act that for "stay put" period: (1) school district must reimburse parents for private-school costs even if parents do not file a claim for payment until after a court has ruled for the school; and (2) the parents' right to interim funding extends through the time of judicial appeal.).

Fourth Circuit