Local Government Law
Author:
Reynolds, Jr., Osborne M.
Edition:
5th
Copyright Date:
2019
35 chapters
have results for local law
Chapter 6 LIMITS ON STATE CONTROL OF MUNICIPALITIES: CONSTITUTIONAL AND STATUTORY HOME RULE99 148 results (showing 5 best matches)
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- A conflict is usually said to exist where a local ordinance prohibits an act that a state statute permits, or permits an act that a state statute prohibits.
- Home rule in the United States was sometimes envisioned in its early days as giving the cities to whom such rule was granted full-fledged sovereignty over local affairs, thus bringing about dual state and local sovereignty along the national plan of federal and state governments.
- Similarly, some opinions emphasize the strong judicial policy to seek to reconcile the operation of both state and local laws rather than to find state pre-emption. See
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Chapter 1 THE STUDY OF LOCAL GOVERNMENT TODAY1 34 results (showing 5 best matches)
- But all the communities share certain characteristics, patterns, and problems; courses in Local Government Law concentrate on these common features. An attorney can, in a number of ways, be drawn into dealing with modern municipal problems; and the Local Government course may prove highly useful in at least four ways: (1) Some attorneys work within a local government themselves, as where they work in the city attorney’s office, as attorney for a school district, etc. (2) Even the private practitioner who does not have any local government for a client may frequently encounter problems of Local Government Law—zoning matters, tort actions against a city, etc. Private citizens can seldom escape from some dealings with various units of local government, and many of these dealings require the help of an attorney. (3) Lawyers often become involved, quite aside from their law practice, in local politics and government—as officeholders or candidates for office, or simply as concerned...
- An effort has been made to cover those topics most often dealt with in basic law-school courses in Local Government Law (or, to use the older name, “Municipal Corporations”). Since a “crash course” in Land Use Controls is often a part of Local Government, a considerable amount of land-use material is included herein—though courses devoted exclusively to that subject will probably go into more depth. Four topics relevant to Local Government Law have not, it should be noted, been included here in any detail, as they are so broad as to require entire volumes by themselves—or at least lengthy chapters that would have extended this work beyond reasonable limits: (1) Constitutional law as applied to local governments and their actions. This, obviously, is best covered in a separate law-school course; and a Constitutional Law course is a helpful basis for, though not an absolute prerequisite to, the study of Local Government.
- The original edition was Fordham, Local Government Law (1949) reviewed 3 Okl.L.Rev. 123 (1950); the latest edition is Fordham, Local Government Law (2d rev. ed. 1986). On the “Jeffersonian revolution” caused by the first edition, see Mandelker, Managing Our Urban Environment vii–viii (1966) (Preface to 1st ed.—found at xvii–xviii in 2d ed. 1971), noting also the new emphasis placed on environmental concerns by that book. Mandelker also observes that there is continuing debate over whether land-use controls (zoning, etc.) should be taught as part of property courses, within local government courses, or as the subject-matter of a separate course; all three methods have been, and continue to be, employed. Mandelker,
- A good article on the trends in the relationship of the federal government to other governments within the United States is Freilich, Frye & Carpenter, The New Federalism—American Urban Policy in the 1980s: Trends and Directions in Urban, State and Local Government Law, 15 Urban Law. 159 (1983). See generally Symposium, Federalism: Issues Before the Supreme Court, 18 Urban Law. 483–705 (1986). See also Section 7.1
- On the application of U.S. constitutional law to local governments, see Gelfand, Federal Constitutional Law and American Local Government (Michie 1984). See also Tushnet, Red, White and Blue: A Critical Analysis of Constitutional Law (Harvard Univ. Press 1988), reviewed 22 Urban Law. 171 (1990).
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Chapter 7 RELATIONSHIP OF MUNICIPALITIES TO FEDERAL GOVERNMENT129 84 results (showing 5 best matches)
- Foley, Recent Developments in Federal-Municipal Relationships, 86 U.Pa.L.Rev. 485 (1938); Hanks, Neglected Cities turn to the United States, 35 Nat’l Mun.Rev. 172 (1946). See generally Gelfand, A Nation of Cities—The Federal Government and Urban America, 1933–65 (Oxford Univ. Press 1975); Mandelker, Netsch, Salsich & Wegner, State and Local Government in a Federal System (4th ed. 1996), earlier edition reviewed in Martineau, The Status of State Government Law in Legal Education, 53 U. Cinc. L. Rev. 511 (1984). A later edition of the State and Local Government in a Federal System casebook, cited
- Other important cases on federal/local relations include
- As a general rule, the laws on immigration are made by the federal government, which, however, can and does call on state and local governments for
- , an Arizona law making it a misdemeanor for an unauthorized alien to seek or engage in work in Arizona and making failure to comply with federal alien registration requirements a state misdemeanor was struck down as pre-empted by federal law, though a preliminary injunction against a provision of the Arizona law requiring police conducting a stop, detention, or arrest to verify the person’s status with the federal government if the officer suspected the person was unlawfully in the United States was ruled improper. See
- States and local governments have increasingly passed legislation that
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Chapter 25 LOCAL CONTRACTUAL AND QUASI-CONTRACTUAL LIABILITY657 68 results (showing 5 best matches)
- In 1979, the American Bar Association promulgated a Model Procurement Code for State and Local Governments, covering bidding requirements and other procedures and standards for public contracting. In 1982, a Model Procurement Ordinance for Local Governments, based on the Model Code and specially adapted to meet the needs of local jurisdictions, was approved by the Public Contract Law and the Urban, State, and Local Government Law sections of the American Bar. See Del Duca, Falvey & Adler, State and Local Government Procurement: Developments in Legislation and Litigation, 18 Urban Law. 301 (1986). See also Ethridge & Moul, Recent Developments in State and Local Procurement: Implementation of the Model Procurement Code Picks Up Pace, 17 Urban Law. 977 (1985).
- What limits exist on a local government’s powers to contract? Or, to ask the question in a different way, under what circumstances will a municipality’s contract be void, so that any recovery by the other party must be on one of the above-stated theories (quasi-contract, ratification, or estoppel)? A locality has basically the same scope of power in entering into contracts that it enjoys as to engaging in activities in general. Thus, it has been said that a city’s power to contract may result from (1) the inherent power of the city to perform indispensable acts, (2) express provisions of a state statute or the city’s own home-rule charter,
- (corporation organized under Wyoming law and having principal office and place of business in that state was resident Wyoming corporation for purposes of statute granting preference to resident corporation). But cf.
- An important development relating to municipal contracts has been the trend toward agreements by which municipalities turn over to private entities the operation of facilities or services that have traditionally been operated by local governments themselves. See Section 16.2
- As with an individual or private corporation, a municipality can be held liable on an unjust enrichment theory for the reasonable value of goods provided or services performed, so long as the municipality has accepted the benefits of those goods or services. The law infers from the circumstances a promise to pay “quantum meruit”—the actual value.
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Chapter 8 POWERS OF MUNICIPALITIES149 58 results (showing 5 best matches)
- the theory in the United States has been that the state pre-dates the municipal corporation and that the state, in granting a charter to a municipality, thereby delegates, for purposes of local self-government, a portion of the state’s powers.
- All cities—whether or not having home-rule—do have one thing in common: They are creatures of the law established for special purposes, and their powers must be granted by law: in the case of home-rule governments, by the home-rule charter
- “From Dillon’s Rule to Home Rule,” in Briffault & Reynolds, State and Local Government Law 266–69 (6th ed. 2004)
- . It has been suggested that the dormant Commerce Clause may also come into play when local governments attempt to limit the size of retail stores, since the desire to protect local enterprises from competition is often one reason for the legislation. See Denning & Lary, Retail Store Size-Capping Ordinances and the Dormant Commerce Clause Doctrine, 37 Urban Law. 907 (2005). See also
- While state or local laws that discriminate against interstate commerce are subject to strict judicial scrutiny and are generally invalid, a law that merely burdens interstate commerce will normally be upheld if it burdens local and interstate commerce equally and if the local benefits outweigh the burden on commerce. See Farber, State Regulation and the Dormant Commerce Clause, 18 Urban Law. 567 (1986). Cf.
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Chapter 2 UNITS OF LOCAL GOVERNMENT15 144 results (showing 5 best matches)
- Committee for Economic Development, Modernizing Local Government 28 (1966). For a critique of local government in the United States, and suggestions for possible improvement, see Liebmann, The New American Local Government, 34 Urban Law. 93 (2002).
- See Valente & McCarthy, Local Government Law 5 (4th ed. 1992). Cf. 1981 Municipal Yearbook 180 classifying units of local government according to their form of government.
- On regionalism in local government, see generally
- Perhaps the most famous example of legislation by which Congress allowed the states possible jurisdiction over Indian reservations is Public Law 280, passed in 1953.
- Fordham, Local Government Law 3 (2d rev. ed. 1986).
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Chapter 27 EXTRAORDINARY ACTIONS AND REMEDIES AS TO LOCAL GOVERNMENTS745 49 results (showing 5 best matches)
- In many jurisdictions, the state constitution or a state statute provides that local governments may enact legislation through the process of initiative—
- Often it is provided by state law that when an initiative petition is presented to local officials, the local governing body has a specified period of time within which it may enact the suggested measure, eliminating the need for an election thereon.
- The use of alternative dispute resolution (ADR) in cases involving local governments is another important development in recent decades. See Hetzel and Gonzales (eds.), Alternative Dispute Resolution in State and Local Governments (A.B.A. Section of Administrative Law and Regulatory Practice 2015), saying such resolution has overtaken trial litigation as a cheaper and less complicated method of resolving disputes. Cf. Kamprath, The Use of Dispute Resolution Boards for Construction Contracts, 46 Urban Law. 807 (2014) (calling dispute resolution a key aspect to construction contracts and recommending that all such contracts contain provisions for dispute resolution).
- It has frequently been ruled by the courts that the initiative power extends only to “legislative” ordinances, not those dealing with merely administrative matters. A measure is considered legislative if it establishes a new law or policy, but is looked upon
- Fordham, Local Government Law 294–97 (2d rev. ed. 1986)
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Chapter 5 LIMITS ON STATE CONTROL OF MUNICIPALITIES: SPECIFIC CONSTITUTIONAL LIMITATIONS81 81 results (showing 5 best matches)
- . A few authorities indicate that a law is not special so long as it relates to a subject in which the people of the state at large are interested. See
- (municipality has no rights under the U.S. Constitution which it may invoke against its creator state). On state control of municipalities and limits thereon, see generally Briffault & Laurie Reynolds, Cases and Materials on State and Local Government Law (8th ed. 2016), emphasizing the complex structure of our state-local system (especially Chapter I); Hill, State Laws Governing Local Government Structure and Administration (Univ. of Ga. 1978). See also Zimmerman, State-Local Relations—A Partnership Approach (Praeger Press 1983), also discussing the federal government’s influence on state-local relations. Compare Note, The Reverse-Commandeering System: A Better Way to Distribute State and Local Authority, 112 Nw. U.L. Rev. 83 (2017).
- A third limitation on state power over municipalities found in some state constitutions requires local election or appointment of local officers.
- . In North Carolina, the court took the position that it would not under any circumstances look behind the face of an enacted law to determine whether publication had been made.
- Fordham, Local Government Law 65–69 (2d rev. ed. 1986)
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Chapter 15 FINANCES OF LOCAL GOVERNMENTS323 153 results (showing 5 best matches)
- As to the implications of casinos and horse racing tracks for land use control by local governments, see McClenathan, Land Use Implications of Casinos and Racinos on Local Governments in New York State, 39 Urban Law. 111 (2007).
- Review of Local Government Law, 11 Urban Lawyer 576–83 (1979)
- As a last resort, bankruptcy procedures for municipalities are provided by federal law, and have been used by some of the local governments discussed in notes 162
- Nathan, The Uses of Shared Revenue, 30 J.Finance 557 (1975). Cf. Reagan, The Pro and Con Arguments, 419 Annals Am.Acad.Pol. & Soc.Sci. 23 (1975) (part of a symposium on revenue sharing; Reagan notes that many cities have been unable, despite revenue sharing, to initiate new projects since the funds have been consumed by the increasing cost of existing services); N.Y. Times, April 4, 1974, at 27, col. 3, noting a Brookings Institution report that local governments were spending only 31.4% of revenue-sharing funds on new programs. In 1977, the Census Bureau reported that the largest part of revenue-sharing funds was spent on education and police protection. See “Around the Nation—Revenue Sharing Spent on Education and Police,” N.Y. Times, July 7, 1980, at A12. See generally Macbeth & Sofaer, Recent Developments in Local Government Law, 7 Urban Law. 1–7 (1975). Though revenue-sharing programs have been popular with local governments, the fear was expressed that such programs may...
- Local-government expenditures have been increasing in recent times at an even faster pace than those of state and federal government. As more and more activities have been undertaken by local units and as an ever greater concentration of economic and social difficulty has occurred in urban areas, municipalities have often turned to the federal government for financial help. Federal transfers of funds to state and local governments increased more than four-fold just in the period from 1965 to 1974.
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Chapter 26 LOCAL GOVERNMENTAL LIABILITY IN TORT AND RELATED THEORIES685 152 results (showing 5 best matches)
- (home-rule city’s three-month moratorium on expansion of cable television business not immune from anti-trust laws). See
- . In passing the law, Congress rejected proposals that all types of antitrust actions based on governmental activities of local governments be precluded. See Yuhas & Fluker, Recent Developments in Government Liability, 17 Urban Law. 765, 767–75 (1985). Regarding the importance of this change in the law as to the land-use area, see Duerksen & Bean, Land and the Law 1985: A Run on the Bank, 17 Urban Law. 827, 833–38 (1985). See generally Harris, Local Government Antitrust Act of 1984, 8 Urban, State & Local L. Newsletter, No. 3, at 1 (Winter, 1985).
- Another developing category of lawsuits against municipalities is anti-trust litigation. For years, anti-trust liability was considered generally impossible on the part of local governments because immunity, under anti-trust laws, was accorded “state action” by the U.S. Supreme Court decision in Parker v. Brown.
- In some areas of local activity, the
- Local Governmental Liability Under Anti-Trust Laws
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Chapter 18 LOCAL CONTROL OF THE USE OF PROPERTY: ZONING AND RELATED METHODS395 228 results (showing 5 best matches)
- (local land-use decision, while initially binding on other governmental unit, is subject to judicial review by balancing the public interests involved; city could enforce its zoning laws against county buildings);
- It has also been recognized that the police power covers regulation of hydraulic fracturing by the oil and gas industry and thus may be subject to regulation by local governments
- As to the possibility of federal pre-emption of local “green building” laws, see Hupp, Recent Trend in Green Buildings Laws: Potential Preemption of Green Buildings and Whether Retrofitting Existing Buildings Will Reduce Greenhouse Gases and Save the Economy, 41 Urban Law. 489 (2009).
- See Anderson, American Law of Zoning (5 vols. 3d ed. 1986 & 4th ed. 1995–97); Freilich & Stuhler, The Land Use Awakening (American Bar Ass’n 1981) (series of articles originally published in The Urban Lawyer); Metzenbaum, Law of Zoning (3 vols. 2d ed. 1955); Rathkopf, The Law of Zoning & Planning (5 vols. 4th ed. 1995); Williams, American Land Planning Law (6 vols. 1985–89, with annual supps.); Yokley, Zoning Law and Practice (6 vols. plus Table & Index 1980);
- It has been suggested that climate change may make necessary some changes in local zoning laws, perhaps making desirable a revamping of our entire zoning system since federal involvement may now be needed in that system, though historically the federal government has not participated there.
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Chapter 9 DELEGATION OF POWERS179 16 results (showing 5 best matches)
- But the details of organization of its own government can be left to a municipality, limited only by general state law; and such basic state powers as the police power, taxing power, and power of eminent domain can be, and almost always are, delegated to local governments for their use for local purposes.
- Valente & McCarthy, Local Government Law 98 (4th ed. 1992)
- On the other hand, a city can enlist the aid of members of the real estate community to bring compliance with rent-control laws where no power to enact or change any laws is given the realtors;
- , the court noted that the constitutional maxim against delegation of legislative power to any body or authority other than the state legislature is not violated by vesting cities and counties with powers of legislation as to matters of purely local concern. Such delegation was said to recognize that local governments are better judges of their immediate needs than is the state legislature. Cf.
- . On delegation of the power of local taxation to municipal corporations, see
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Chapter 21 “PLANNING” AT THE LOCAL LEVEL549 89 results (showing 5 best matches)
- On the history of city planning in the United States, see Krueckeberg (ed.), Introduction to Planning History in the United States (Center for Urban Policy Research 1983): McClendon & Quay, Mastering Change: Winning Strategies for Effective City Planning (Planners Press—American Planning Ass’n 1988) (with advice based on past experiences). On planning developments in recent times, see Clavel, The Progressive City: Planning and Participation, 1969–84 (Rutgers Univ. Press 1986); Forester, Planning in the Face of Power (Univ. of Calif. Press 1989); Fulton, Guide to California Planning (Solano Press Books 1991), reviewed 15 Urban Law. 473 (1993). See generally
- building and development. Generally, once the master plan is adopted by the local government’s legislative body, that local government must submit any proposals regarding
- On the “New Urbanism” movement, which emerged in the late 1970s and early 1980s and which seeks to reform conventional planning and real estate development in many areas, such as urban and suburban infill development, see Braun, Growth Management and New Urbanism: Legal Implications, 31 Urban Law. 817 (1999); Sitkowski & Ohm, Enabling the New Urbanism, 34 Urban Law. 935 (2002) (New Urbanist developments are intended to reflect techniques popular prior to World War II, such as more compact, pedestrian friendly, mixed-use communities). See generally Ohm & Sitkowski, The Influence of New Urbanism on Local Ordinances—The Twilight of Zoning?, 35 Urban Law. 783 (2003). See also Ohm & Sitkowski, Integrating New Urbanism and Affordable Housing Tools, 36 Urban Law. 857 (2004), noting that despite New Urbanism’s supposed emphasis on diversity of housing, “observers have criticized traditional neighborhood developments and other New Urbanist-influenced projects for not meeting diversity of...
- Macbeth & Sofaer, Recent Developments in Local Government Law, 7 Urban Lawyer 1, 34 (1975)
- Foy, Complexities of Urban Sustainability: Using Local Land-Use Authority to Achieve Environmental Goals, 3 Charlotte L. Rev. 23 (2011)
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Chapter 23 LOCAL REGULATION OF TRADE, BUSINESS, AND OTHER ENTERPRISES585 146 results (showing 5 best matches)
- state law will prevail over local regulations and prohibitions (even those of home-rule cities) in cases of
- Much the same situation exists with local attempts at liquor controls as with local regulation of gambling: The state may occasionally be found to have pre-empted the field;
- It has long been held that local governments can enact and enforce laws to reduce pollution of their water supply,
- the U.S. Supreme Court ruled that local governments could forbid and prevent the sale of “obscene” materials if, and only if, the following test for obscenity was met: The material must be such that, to the average person, applying contemporary community standards, the dominant theme, taken as a whole, appeals to prurient interest. The Court emphasized that all ideas having even the slightest redeeming social importance are protected by the First Amendment so that their publication cannot be enjoined or published. In 1973, the Court, in the
- ; 92 Harv.L.Rev. (1978; part of summary of 1977 Supreme Court term); 18 Natural Resources J. 925 (1978). And some laws forbidding the bringing of garbage or trash into the community from outside its limits have been invalidated as outside the locality’s power and/or as discriminatory. See
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Chapter 13 PUBLIC OFFICERS249 103 results (showing 5 best matches)
- Qualifications for local offices are occasionally set by the state constitution; and where this is done, those qualifications may be deemed exclusive—
- (state statute may eliminate nonresidency as ground for discharge of local employee). Where
- An attempt by the federal government to extend the minimum-wage and maximum-hour provisions of the Fair Labor Standards Act to employees of state and local governments was once struck down as in excess of Congress’s power under the commerce clause.
- Local No. 93, International Ass’n of Firefighters v. City of Cleveland, 478 U.S. 501, 106 S.Ct. 3063, 92 L.Ed.2d 405 (1986)
- (same; compelling state interest required because of appreciable impact on franchise and because this impact is related to resources of voters supporting a particular candidate; no such interest found). On regulation of state and local political campaigns, see
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Chapter 12 TERRITORIAL COMPOSITION OF MUNICIPALITIES217 77 results (showing 5 best matches)
- , emphasizes, in applying the de facto doctrine, that Alaska broadly construes the powers of its home rule cities, following the theory that home-rule municipalities have those powers not prohibited by state law, rather than the theory that state law prevails over local law in cases of inconsistency except where purely local matters are involved. See Sharp, Home Rule in Alaska: A Clash Between the Constitution and the Court, 3 U.C.L.A.-Alaska L.Rev. 1 (1973). On the different theories as to powers of home-rule municipalities, see generally Chapter 6
- Another limitation occasionally encountered is a prohibition of the annexation of land in a county other than that in which the annexing municipality is located. See 1 Antieau, Local Government Law § 3.08[3] (2d ed. 2000).
- Fordham, Local Government Law 202–03 (2d rev. ed. 1986)
- A municipal corporation, or other entity of local government, normally needs three things in order to engage in effective action: (1) territory over which the government has some control, (2) people to perform the functions of government, and (3) money with which to pay the costs of activities. This chapter will consider the first of these requisites: the territorial make-up of local units. First, we will consider the process by which local units and their boundaries are established—generally called “incorporation”—and then consider the processes by which territorial boundaries may be expanded (“annexation”) and other methods of changing or terminating the territorial control of local governments (de-annexation, consolidation, dissolution, etc.).
- Occasionally, merger has been held to have occurred by operation of law. This happens where all the territory of a special function district, or other local unit of limited powers, such as a fire protection district, is annexed by a municipality with power to exercise the same function(s).
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Chapter 19 MUNICIPAL ACQUISITION OF PROPERTY: EMINENT DOMAIN AND OTHER METHODS473 96 results (showing 5 best matches)
- Local governments usually have express, or clearly implied, power to accept
- of property by local governments—at least to private individuals—are generally banned by statute or as a matter of common law;
- , are imposed adjudicatively. See Sullivan & Lester, The Role of the Comprehensive Plan in Infrastructure Financing, 37 Urban Law. 53 (2005). As to impact fees, see also Section 21.4, note 50
- Has Yet to Be Made, 67 Baylor L. Rev. 567 (2015). Whitcomb & Huett, Recent Developments in Regulatory Takings Jurisprudence, 41 Urban Law. 445 (2009), noting that 25 years after the
- : Bad Law, Bad Policy, and Bad Judgment, 38 Urban Law. 201 (2006);
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Chapter 4 LIMITS ON STATE CONTROL OF MUNICIPALITIES: INHERENT HOME RULE73 28 results (showing 5 best matches)
- This doctrine states that, quite apart from any constitutional or statutory provisions allowing home rule to cities that are granted their own charter, a city has a natural, “inherent” right to govern its own affairs where purely local matters are concerned. The doctrine requires a distinction to be made between matters of purely municipal or local import, and those of general, statewide concern. As to the former, the city is entitled to be free of state interference, and the city’s laws will prevail over state law in cases of conflict. As to matters of statewide concern, however, the city is subordinate to the state, and in situations of conflict, state law will prevail over that of the municipality.
- The distinction is, under modern law, simply applied if, and only if, a particular city has obtained a home-rule charter, rather than as a matter of
- In those relatively few cases actually applying inherent home rule, the situation presented was often that of the state legislature attempting to create and/or appoint boards or agencies to deal with local matters, such as operation of a city utility.
- But it has been noted that it has a “persistence in the romantic literature of local government law”
- (but legislature cannot compel payment where is no moral or equitable obligations); McBain, The Law and Practice of Home Rule 24–25 (1916). But it has been held in a few cases, and said in a number of others, that due process prevents a state from compelling a city to levy a tax or incur a debt for a purely local purpose. See
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Chapter 14 PUBLIC EMPLOYEES289 83 results (showing 5 best matches)
- Officers and employees of local governments often attempt to assert their collective rights through unionization, and increasingly this is being allowed. In the past, legislative bans on unionization by police officers and firefighters were very common and were generally sustained.
- At common law, sickness or other disability usually does not deprive an officer of his salary,
- (3) At common law, most courts have held that local governments may not validly enter into
- City & County of Denver v. Denver Firefighters Local No. 858, 663 P.2d 1032 (Colo.1983)
- The grounds for discharge of local government personnel are usually stated in legislation: the state constitution, statutes, city charter, and local ordinances. The grounds thus specified are generally held to be exclusive,
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Chapter 3 FORMS OF GOVERNMENT WITHIN LOCAL UNITS53 49 results (showing 5 best matches)
- On the probable effect of the ongoing digital revolution, such as the Internet, on the quality of service offered by mayors and other local government officials, see Ellickson, Monitoring the Mayor: Will the New Information Technologies Make Local Officials More Responsible?, 32 Urban Law. 391 (2000).
- Sato & Van Alstyne, Local Government Law 220 (2d ed. 1977).
- Fordham, Local Government Law 34 (2d rev. ed. 1986)
- See Valente & McCarthy, Local Government Law 4–7 (4th ed. 1992).
- Fordham, Local Government Law 34 (2d rev. ed. 1986)
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Chapter 16 LOCAL INDUCEMENTS TO BUSINESS AND INDUSTRY371 24 results (showing 5 best matches)
- On the questionable wisdom of luring businesses to a community by giving tax breaks, particularly at times of revenue shortfalls in the local government, see McFarlane, Local Economic Development Incentives in an Era of Globalization: The Exploitation of Decentralization and Mobility, 35 Urban Law. 305 (2003).
- Sometimes, rather than merely aiding financially the construction of business and industry, a local government attempts to enter the business world itself, as by constructing and operating a hotel. Here, of course, there is a degree of competition with comparable local businesses (if any), and to that extent the government is not necessarily aiding, but may actually be harming, local private enterprise. But the local government may contend—particularly where businesses of the type involved are scarce in the vicinity—that it is improving the local economic base by providing a needed facility. Thus, a municipality’s operation of a hotel may surely stimulate the tourist and convention trade in that area.
- On the trend toward more governmental entry into business, and toward more aid to existing businesses, see generally Herbers, State Roles Grow in Aid to Business, N.Y. Times, Dec. 9, 1985, at 1. Another trend that has developed, somewhat contrary to that of municipal governments engaging in private business, is the turning-over by municipalities of some formerly public services to private enterprise. Such “privatization” often allows municipalities to cut their payrolls and save money. See Gold, The Privatization of Prisons, 28 Urban Law. 359 (1996); “Want to Buy a Fire Dept.?,” Newsweek, April 25, 1983, at 55, stating, “Faced with shrinking revenues and rising prices, local governments are increasingly turning to businessmen to provide fire and police protection, collect garbage, run airports and operate libraries.” As to the possible privatization of airports that were formerly government operated, see Saulny, In Chicago, Private Firm Is to Run Midway Airport, N. Y. Times, Oct. 1,...
- from property taxes may validly be authorized by state law except as such exemptions are prohibited by the state constitution.
- For a critical view of state and local economic development incentives, asserting their ineffectiveness in improving local economies, see Weber, Why Local Economic Development Incentives Don’t Create Jobs: The Role of Corporate Governance, 32 Urban Law. 97 (2000) (R. Marlin Smith Student Writing Competition Award Winner). See generally Symposium on Community Economic Development, 8 J. Small & Emerging Bus. L. 131–272 (2004); Symposium: Issues in Community Economic Development, 29 W. New England L. Rev. 1–191 (2006). See also
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Chapter 24 LOCAL CONTROLS ON CRIMINAL ACTIVITY637 47 results (showing 5 best matches)
- On the laws—now in effect in all 50 states and the District of Columbia—by which sex offenders are required to register with local law enforcement upon their release from incarceration and whenever they change residence, see Locke & Chamberlin, Safe from Ex Offenders? Legislating Internet Publication of Sex Offender Registries, 39 Urban Law. 1 (2007), saying that little research has been done on the effects of online registries on recidivism rates.
- Though it has in the past been alleged that state and local courts are overwhelmed by the number of criminal cases coming before them, a study in 1982 indicated that court resources had actually increased more rapidly than the inflow of new cases, though case processing often lags and produces a backlog. See Jacob, Swank, Beecher & Rich, Keeping Pace: Court Resources and Crime in Ten U.S. Cities, 66 Am. Judicature No. 2, at 73 (Aug., 1982). On selection of local judges, see Atkins & Gertz, The Local Politics of Judicial Selection: Some Views of Law Enforcement Officials, 66 Am. Judicature No. 1, at 39 (June/July, 1982).
- The legislation creating the federal Law Enforcement Assistance Administration, and providing for federal grants through this agency to state and local units, is found at 42 U.S.C.A. §§ 3701–81. On the federal grants, see Clynch, Spending of Law Enforcement Assistance Administration Block Grants by the States: A Report, 2 Justice System J. 157 (1976). See generally
- Good discussions of the effect of terrorism, including the “9/11 attacks” on the United States, on police responsibilities and activities are found in Briffault, Facing the Urban Future After September 11, 2001, 34 Urban Law. 563 (2002);
- rather than of local governments. Municipalities thus possess only such powers in this area as are clearly delegated by the state; and municipal police officers actually serve the whole state, not merely their own municipality.
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Chapter 11 MUNICIPAL LEGISLATION: FORMS AND PROCEDURES FOR ENACTMENT197 61 results (showing 5 best matches)
- Fordham, Local Government Law 329 (2d rev. ed. 1986), saying that where notice of a special meeting must be given the public, and must include a list of the business to be transacted, the council should not, even by unanimous consent, be able to take action on an unlisted matter.
- states now have laws imposing this requirement.
- Sometimes in this ordinance-v.-resolution area, as in so many areas of local government law, a distinction is made between governmental activities of a municipality and proprietary (or corporate or “business-like”) activities. Where proprietary functions are involved, a city’s use of a resolution, as in selling an electric plant or other utility, is more likely to be upheld than where governmental functions are concerned.
- Fordham, Local Government Law 352 (2d rev. ed. 1986)
- This assumes that the state statutory or constitutional provision is—as is normally true of penal matters—one of statewide concern, in which case the state law prevails, to the extent of conflict, over that of any city, even a home-rule city. In the case of such cities, their laws
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Index 881 61 results (showing 5 best matches)
Chapter 22 EFFORTS TO ESTABLISH “NEW TOWNS”577 11 results (showing 5 best matches)
- problems concerning their government and financing. Indeed, there may be problems in the establishment, in the first place, of any such communities since incorporation may be made difficult by population and election requirements of relevant state laws.
- continued interest—what of giving the developer some continuing control while also supplying the area with a form of municipal government? A non-profit corporation has often been established to manage privately financed new towns—with most members of the controlling board being chosen initially by the developer, but with power to select such members gradually passing to the residents as the town is completed. This corporation—often called a “homeowners’ (or homes) association”—serves as a kind of local government, providing such services as utilities, road construction and maintenance, and cultural activities. Some services, such as police protection and education, may be provided at the county (or equivalent) level, while neighborhood associations are also sometimes formed to provide services—such as the maintenance of neighborhood parks and other common areas—on a
- Brooks, The Policy Issues of New Towns: One Failure of Law to Guide Planning in America, 8 Urban Lawyer 94 (1976)
- A New Community Local Government Act, 6 Harv.J.Legis. 484 (1969)
- See Kraemer, Developing Governmental Institutions in New Communities, 1 Urban Law. 268, 272 (1969).
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Chapter 20 URBAN RENEWAL AND PUBLIC HOUSING515 93 results (showing 5 best matches)
- 42 U.S.C.A. §§ 5301–19. See Fishman, Title I of the Housing and Community Development Act of 1974: New Federal and Local Dynamics in Community Development, 7 Urban Law. 189 (1975). The 1974 law emphasized “block grants” to communities, with the communities left much discretion on how to use funds, rather than the old project-by-project system of funding. See Freilich, White-Wasson & Cofer, 1979–80 Annual Review of Local Government Law: Municipal Liability and Other Certain Uncertainties, 12 Urban Law. 577, 645 (1980). See generally Symposium, Fair Housing, 65 Buff. L. Rev. 1–254 (2017); Goering (ed.), Housing Desegregation and Federal Policy (Univ. of North Carolina Press 1986). See also Zasloff, The Secret History of the Fair Housing Act, 53 Harv. J. on Legis. 247 (2016); Note, Enforcing the Fair Housing Act: Can Agency Interpretations Override Congressional Intent in Anti-discrimination Legislation?, 9 N.Y.U.J. Legis. & Pub. Pol’y 535 (2005–06);
- Under the New York law, redevelopment agencies could be established to administer the programs in participating cities; and these agencies were empowered to issue tax-exempt bonds and to take advantage of such federal aid as was available for public housing projects. But such federal aid was limited, and programs in New York and other states were thus not too active, until the Housing Act of 1949.
- See Hagman & Juergensmeyer, Urban Planning & Land Development Control Law 530 (2d ed. 1986), noting
- See Fried, 13 Million Families Are Held “Housing-Deprived,” N.Y. Times, Dec. 12, 1973, at 64, reporting on a study by the Joint Center for Urban Studies of Harvard University and the Massachusetts Institute of Technology. On the bleak housing picture as of 1980 (low supply of rental housing, high mortgage interest rates, continued discrimination, etc.), see Freilich, White-Wasson & Cofer, 1979–1980 Annual Review of Local Government Law: Municipal Liability and Other Certain Uncertainties, 12 Urban Law. 577, 635–36 (1980). On developments in the 1980s and 1990s, see
- Sometimes attempts have been made to stimulate inner-city growth by a combination of federal, state, and local
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Acknowledgments iii 2 results
Table of Contents 45 results (showing 5 best matches)
Chapter 17 LOCAL OPERATION OF UTILITIES381 27 results (showing 5 best matches)
- Note, Stifling the Wind: California Environmental Quality Act and Local Permitting, 38 Colum. J. Envtl. L. 163 (2013)
- It has been held that such local governmental activities as operation of a utility may come within federal antitrust laws.
- Federal legislation largely covers the regulation of cable television but specifically leaves some matters to municipal control. See Ciamporcero, Is There Any Hope for Cities? Recent Developments in Cable Television Law, 18 Urban Law. 369 (1986). It has been held that a municipality may not deny a cable television company access to public facilities, such as utility poles and conduits, when those facilities are physically capable of accommodating the company, as such denial would infringe the company’s First Amendment rights.
- Relationship of Local Governments to Privately Owned Public Utilities
- Relationship of Local Governments to Privately Owned Public Utilities
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Summary of Contents 12 results (showing 5 best matches)
Table of Cases 765 42 results (showing 5 best matches)
- Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc., 633
- Ashcroft, State ex inf. v. Kansas City Firefighters Local No. 42, 320
- Bellevue Fire Fighters Local 1604 v. City of Bellevue, 281
- Billings Firefighters Local 521 v. City of Billings, 111, 121
- Butler v. Local 2033, 48
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West Academic Publishing’s Law School Advisory Board 10 results (showing 5 best matches)
- Distinguished University Professor Emeritus, Frank R. Strong Chair in LawMichael E. Moritz College of Law, The Ohio State University
- Professor of Law Emeritus, University of San Diego Professor of Law Emeritus, University of Michigan
- Professor of Law, Chancellor and Dean Emeritus University of California, Hastings College of the Law
- Professor of Law, Yale Law School
- Professor of Law Emeritus, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles
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Chapter 10 MUNICIPAL LEGISLATION: REQUIREMENT OF DEFINITENESS AND CERTAINTY189 18 results (showing 5 best matches)
- If a municipality possesses a particular power, adheres to any relevant limits as to time and territory in exercising the power, and does not make a delegation of unbridled discretion to any agent or employee, is there any other limitation on the municipality’s use of the power? There is one other rule of particular importance: Any municipal law must “set forth with clarity some norm or standard by which all persons may know their rights and obligations thereunder.”
- . Vagueness of the law as applied to third persons, though the law clearly does apply to the defendant, can successfully be raised only if the law applies to pure speech, not conduct. Similarly, the overbreadth argument can be raised as to third persons if pure speech is restricted or if the overbreadth is real and substantial, judged in relation to the legislation’s plainly legitimate sweep; but if conduct and not pure speech is restricted and there is no substantial overbreadth, an accused person cannot raise the issue of overbreadth as to other persons. See
- Similarly, a law will not be invalidated for vagueness merely because it shows a potential for arbitrary enforcement; there must be evidence of a history of actual arbitrary application. See
- 1 Antieau, Municipal Corporation Law § 5.17, at 5–62 (1998), citing
- A city ordinance authorizing a penalty for “unsightly” accumulation of refuse has been held unconstitutionally vague on the ground that the term “unsightly” is purely subjective and qualitative and could thus lead to arbitrary enforcement of the law.
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- Publication Date: March 20th, 2019
- ISBN: 9781640208025
- Subject: Local Government
- Series: Hornbooks
- Type: Hornbook Treatises
- Description: This edition continues the emphasis of prior editions on such topics as the relationship of local governments to state and federal governments; the needs of local governments for territory, for personnel, and for adequate financing; and the principal activities and possible liabilities of local government. There is increased attention to land use control, an area of growing activity on the part of institutions, ranging from the U.S. Supreme Court to local zoning boards. This includes material not found in some books in this field, on such important concepts as “smart growth,” “new urbanism,” and “regulatory takings.”