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|Municipalities Can Make Mistakes Significantly Impacting Land Developers|
Brian Futoransky; Field Law;
December 13, 2013, previously published on December 5, 2013This summer the Alberta Court of Appeal in the case of 1694192 Alberta Ltd. v. Lac La Biche County (Subdivision and Development Appeal Board), was asked to grant 1694192 Alberta Ltd. leave to challenge a decision made by the Lac La Biche Subdivision Appeal Board in which it revoked a development...
|Relative Priorities of Planning Instruments Governing National Park Towns|
Elsa Johnson; Field Law;
December 13, 2013, previously published on December 5, 2013Municipalities located within national parks are subject to unique development constraints. The federal National Parks Act and provincial Parks Towns Act enable agreements between the federal and provincial governments for incorporation of towns within national parks. Once incorporated, park towns...
|OMB Reform - Here We Go Again|
Dentons Canada LLP;
December 13, 2013, previously published on December 6, 2013The Ontario Municipal Board (“OMB”) is one of the oldest administrative tribunals in the Province of Ontario. Originally, it was established in 1897 as the Ontario Railway and Municipal Board, to oversee municipalities’ accounts and to supervise the then-growing rail...
|Government's Annual Certification Claims Under the FCA Take a Hit in Federal Court in California in a Case Involving Individual Liability|
November 12, 2013, previously published on November 2013In a decision dated November 5, 2013, United States v. Reunion Mortgage, Inc., David Thayer and Kent Harvey, Case No. 13-02340 SBA (N.D. Ca.), a federal court rejected annual certification claims, a backbone of the Department of Justice's mortgage fraud practice in recent years, in a case involving...
|Cities and Counties Must Provide Report Before Approving Economic Development Subsidies to Businesses|
Seth Merewitz; Best Best & Krieger LLP;
October 16, 2013, previously published on October 14, 2013Gov. Brown last week signed into law AB 562, legislation that will require all cities and counties to provide a report to the public before approving any economic development subsidy of $100,000 or more that are issued to corporations and other business entities. In addition, each city and county...
|Legislative Changes to Maine’s TIF Statute Take Effect Oct. 9, 2013|
October 3, 2013, previously published on October 1, 2013Maine’s municipal TIF statute is an economic development tool for municipalities. When a municipality designates a TIF district, the assessed value of property within the district from the prior tax year is set as the base value or “original assessed value.” During the term of the...
|On The Verge of Government Shutdown, US House of Reps Unanimously Votes To Amend...|
Alexander Dobrev; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
October 2, 2013, previously published on October 1, 2013On the verge of government shutdown, the United States House of Representatives votes in a bipartisan 410-0 vote to...
|Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes for Recovering Addicts|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
October 1, 2013, previously published on September 30, 2013The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an insurmountable regulatory scheme. The court of appeals found that the district...
|Virginia Supreme Court Opinions Affecting Local Government Law September 12, 2013|
Andrew R. McRoberts; Sands Anderson PC;
September 17, 2013, previously published on September 12, 2013The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website):
|States Begin to React to Large Recoveries for Escaped Wildfires by Limiting Landowners' Liability for Non-Economic Damages|
Richard W. Goeken; Smith, Currie & Hancock LLP;
September 10, 2013, previously published on September 6, 2013Many state laws providing for the recovery of damages caused by escaped wildfire were enacted at the time when such fires were quickly extinguished and mostly occurred away from populated areas. In recent years, however, declining public budgets have resulted in decreased funding for firefighting...