Justia Government & Administrative Law Opinion Summaries

Plaintiff Officer David Meinhardt failed to timely appeal a trial court ruling that denied his petition for writ of administrative mandate in its entirety, completely resolved all of the issues in the matter, and contemplated no further judicial action. Although the ruling was denominated an “order,” it was, under case law, a final judgment. Instead, Meinhardt filed a notice of appeal from a document that the trial court subsequently entered, which was styled as a “judgment,” but merely restated the prior judgment. In light of a line of cases relating to the issue presented here, the Court of Appeal solicited supplemental briefing from the parties on the timeliness of Officer Meinhardt’s appeal. In his supplemental brief, Meinhardt contended that to dismiss his appeal would contravene applicable statutory language, conflict with certain case law, and be “patently inequitable.” Furthermore, Meinhardt contended Laraway v. Pasadena Unified School Dist., 98 Cal.App.4th 579 (2002) and City of Calexico v. Bergeson, 64 Cal.App.5th 180 (2021) were distinguishable, and the Court of Appeal “should resist the impulse to extend Laraway’s questionable logic further.” The Court found Laraway and City of Calexico were directly on point and mandated dismissal of his appeal. The Court published this opinion to explain how Dhillon v. John Muir Health, 2 Cal.5th 1109 (2017) supported the conclusion that Laraway and City of Calexico were correctly decided, and to reiterate "the critical importance of determining whether a ruling on a petition for writ of mandate is a final judgment in seeking appellate review of such a ruling." View "Meinhardt v. City of Sunnyvale" on Justia Law

In October 2017, an incarcerated woman filed a lawsuit against Cumberland County and several corrections officers, including Tyrone Ellis, alleging she had been forced to engage in non-consensual sex acts on a regular basis. Plaintiff Libertarians for Transparent Government (Libertarians) obtained minutes of the public meeting of the Board of the Police and Firemen’s Retirement System at which the Board considered Ellis’s application for special retirement. According to the minutes, the County originally sought to terminate Ellis, who had been charged with a disciplinary infraction. When he submitted his resignation, the County warned that it intended to continue to prosecute the disciplinary matter. Ellis, in turn, “agreed to cooperate” with the County’s investigation of four other officers suspected of similar misconduct. “As a result of his cooperation, Cumberland County agreed to dismiss the disciplinary charges and permit Mr. Ellis to retire in good standing” with a reduced pension. Libertarians sent the County an OPRA request seeking, as relevant here, the settlement agreement and Ellis’s “'name, title, position, salary, length of service, date of separation and the reason therefor’ in accordance with N.J.S.A. 47:1A-10.” The County declined to produce the settlement agreement, claiming it was a personnel record exempt from disclosure. In response to the request for information, the County stated in part that “Officer Ellis was charged with a disciplinary infraction and was terminated.” Libertarians filed a complaint in Superior Court, and the trial court ordered the County to provide a redacted version of the settlement agreement. The County appealed, and the Appellate Division reversed the trial court’s judgment. The New Jersey Supreme Court concluded the trial court properly ordered disclosure of a redacted settlement agreement, and the Appellate Division reversed. The Supreme Court reinstated the trial court’s order. View "Libertarians for Transparent Government v. Cumberland County" on Justia Law

The Supreme Court dismissed this appeal brought by Solarize Indiana, Inc. seeking judicial review of the administration decision of the Indiana Utility Regulatory Commission (IURC) approving two filings submitted by Vectren Energy Delivery of Indiana, Inc. under an expedited process known as the "Thirty-Day Rule," holding that Solarize lacked standing to bring this appeal.In objecting to Vectren's filings, Solarize, an organization that promotes the use of solar power in Indiana, asserted that the filings were not compliant with federal law. The IURC approved the filings, after which Solarize requested judicial review. The Supreme Court dismissed the appeal, holding that Solarize lacked standing because it failed to show that it was "adversely affected" by the IURC's order. View "Solarize Indiana, Inc. v. Southern Indiana Gas & Electric Co." on Justia Law

Claimant Christina Zayas, a paratransit bus driver, sued her employer, DART/State of Delaware (“Employer”), for injuries she sustained in a 2016 work incident where a passenger physically assaulted her (the “Incident”). In 2019, Zayas underwent left shoulder arthroscopic surgery performed by Dr. Evan Crain (“Dr. Crain”). After the surgery, Zayas was placed on total disability from May 2019 through October 2019. Zayas filed Petitions to Determine Additional Compensation Due relating to the Incident. Specifically, she sought payment of medical expenses, total disability benefits, and acknowledgement of the compensability of the surgery Dr. Crain performed in 2019. Zayas’ hearing was scheduled for November 2019. Prior to the Hearing, the parties stipulated that the limited issue in dispute was whether the May 2019 surgery was causally related to the Incident. The Board held that Zayas failed to meet her burden of proof that the surgery in 2019 was causally related to the Incident. Notably, although the Board had excluded them, the Board stated in its Decision that Medical Records by Zayas' physician were admissible. A review of the record indicated the Medical Records were never admitted into evidence; and the Superior Court did not consider this inconsistency, or the issues Zayas had raised regarding the medical testimony and records. Nevertheless, the Superior Court affirmed the Board’s decision and found that substantial evidence existed to support the Board’s legal conclusions. On appeal, Zayas again argued the Board erred by not admitting her Medical Records and that it abused its discretion by admitting the Employer's expert's deposition testimony during the Hearing. The Delaware Supreme Court concluded that because Dr. Tadduni, the Employer's expert, refused to answer relevant questions, Zayas was deprived of the opportunity to elicit relevant information. "In essence, Dr. Tadduni unilaterally determined that he would not answer questions concerning Dr. Cary’s treatment of Zayas. In admitting Dr. Tadduni’s testimony, and simultaneously excluding the Medical Records, the Board’s actions prevented Zayas from adequately presenting her case, violated fundamental notions of fairness, and thereby abused its discretion." As a result, the Supreme Court reversed and remanded the Superior Court's judgment, and remanded for further proceedings. View "Zayas v. Delaware" on Justia Law

TCI Pacific Communications, LLC (“TCI”) appealed a district court’s judgment holding it liable to Cyprus Amax Minerals Co. (“Cyprus”) for contribution under 42 U.S.C. sections 9601(9)(B), 9607(a), and 9613(f) of the Comprehensive Environmental Response and Liability Act (“CERCLA”). This case involved claims brought by Cyprus to determine whether TCI could be held liable for environmental cleanup costs relating to zinc smelting operations near Collinsville, Oklahoma. The Bartlesville Zinc Company, a former subsidiary of Cyprus’s predecessor, operated the Bartlesville Zinc Smelter (the “BZ Smelter”) from 1911 to 1918, near Collinsville, Oklahoma. TFMC owned and operated another zinc smelter (the “TFM Smelter”) from 1911 to 1926. This case does not concern cleanup work at either smelter, but rather is an action by Cyprus seeking cost recovery and contribution for its remediation in the broader Collinsville area, within the Collinsville Soil Program (“CSP”) Study Area. Cyprus sought to hold TCI liable as a former owner or operator of the TFM Smelter whose waste was located throughout the CSP Study Area. The district court granted partial summary judgment to Cyprus and pierced the corporate veil to hold TCI’s corporate predecessor, the New Jersey Zinc Company (“NJZ”), liable as the alter ego of the Tulsa Fuel & Manufacturing Co. (“TFMC”). The district court then interpreted CERCLA and held that TCI was liable as a former owner/operator of a CERCLA “facility.” Finding no reversible error in the district court's judgment, the Tenth Circuit affirmed. View "Cyprus Amax Minerals Company v. TCI Pacific Communications" on Justia Law

This appeal stemmed from damages that Pine Belt Oil Co. (Pine Belt) incurred for the remediation of a September 2008 gasoline leak that originated on property Walter and Tammy Cooley (the Cooleys) had sold to Pine Belt four months prior to discovery of the leak. In 2009, the Mississippi Department of Environmental Quality (MDEQ) issued an administrative order demanding that Pine Belt, the owners of Pine Belt, Robert and Melissa Morgan, and the Cooleys pay remediation costs, including future costs, for the properties afflicted by the gasoline leak. Since October 2008, Pine Belt maintained that the Cooleys were responsible for the gasoline leak, not Pine Belt. After initially refusing to pay the remediation costs, Pine Belt did begin paying them in July 2009. In April 2016, six years and nine months after its first remediation payment, Pine Belt filed a complaint seeking indemnification from the Cooleys for Pine Belt’s past and future expenses incurred due to its remediation damage caused by the gasoline leak. The Cooleys moved for summary judgment, arguing that the claim was barred by the statute of limitations. The trial judge denied the summary judgment motion. The Cooleys then filed a petition for interlocutory appeal, arguing that the statute of limitations barred Pine Belt’s implied indemnity claim. The Cooleys argued alternatively that Pine Belt could not prove that it did not actively participate in the underlying wrong, i.e., the gasoline leak. The Mississippi Supreme Court held that the applicable three-year statute of limitations ran on Pine Belt’s claim on March 5, 2012. Pine Belt’s claim was thus time barred, and all other arguments were moot. View "Cooley v. Pine Belt Oil Co., Inc." on Justia Law

Members of Muslim communities filed a putative class action, claiming that the government subjected Muslims to illegal surveillance. The Foreign Intelligence Surveillance Act (FISA) provides a procedure for consideration of the legality of electronic surveillance conducted under FISA, 50 U.S.C. 1806(f). The district court dismissed because litigation of the claims “would require or unjustifiably risk disclosure of secret and classified information.” The Ninth Circuit reversed, holding that FISA displaced the state secrets privilege.The Supreme Court reversed. Section 1806(f) does not affect the availability or scope of the privilege for state and military secrets. The absence of any reference to the state secrets privilege in FISA indicates that the availability of the privilege was not altered.Nothing about section 1806(f) is incompatible with the state secrets privilege. The central question under 1806(f) is whether the surveillance was lawfully authorized and conducted. Under 1806, a court cannot award relief if the evidence was lawfully obtained, whereas a court considering the state secrets privilege may order the disclosure of lawfully obtained evidence if it finds that disclosure would not harm national security. Inquiries under 1806(f) allow “review in camera and ex parte” of materials “necessary to determine” whether the surveillance was lawful. Under the state secrets privilege, however, examination of the evidence “even by the judge alone, in chambers,” should not be required if the government shows “a reasonable danger that compulsion of the evidence” will expose information that “should not be divulged” in “the interest of national security.” The Court did not decide which party’s interpretation of 1806(f) is correct, whether the government’s evidence is privileged, or whether the district court was correct to dismiss the claims on the pleadings. View "Federal Bureau of Investigation v. Fazaga" on Justia Law

This case arose out of a dispute over provisions in a written contract for sewer drainage and treatment services between Groveland Water and Sewer District (“GWSD”) and the City of Blackfoot (“the City”). Individuals living outside city limits, or entities located outside city limits, but within GWSD, were required to sign a “consent to annex” form in order for the City to agree to connect them to sewer services. The dispute ultimately made its way to district court, where GWSD alleged that the City’s requirement violated GWSD’s jurisdictional sovereignty under Idaho Code section 42-3212. GWSD’s complaint against the City sought: (1) a declaratory judgment; (2) a finding of anticipatory breach of contract; and (3) injunctive relief. On motions from the parties, the district court granted GWSD’s request for preliminary injunction and for partial summary judgment on the anticipatory breach claim. After further motions, the district court granted summary judgment to GWSD on the remaining claims. The City appeals. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s decisions. View "Groveland Water and Sewer Dist v. City of Blackfoot" on Justia Law

Christopher and Debra James appealed a district court order granting summary judgment in favor of the Idaho State Tax Commission (“Tax Commission”), reversing the decision of the Board of Tax Appeals (“BTA”). The district court affirmed the Tax Commission’s notice of deficiency decision, which disallowed a net operating loss carryback because the Jameses missed the deadline to claim the loss. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s decision: Idaho Code sections 63-3072(e) and 63-3022(c)(2) required the Jameses to file their amended 2012 Idaho tax return by December 31, 2015, to carryback their 2014 NOL to the 2012 tax year. The Jameses failed to do so. View "Idaho State Tax Commission v. James" on Justia Law

Cahaba Riverkeeper, Inc., Cahaba River Society, David Butler, and Bradford McLane ("the conservation parties") appealed a circuit court's dismissal of their action for declaratory and injunctive relief against the Water Works Board of the City of Birmingham ("the Board") and the State of Alabama, on the relation of Alabama Attorney General Steve Marshall. At the heart of this case was a settlement agreement executed by the Board and a former attorney general executed in 2001. In 1998, the City of Birmingham ("the City") and its then-mayor began exploring ways to increase funding for its school system, and ultimately sold the assets of the system, including land, reservoirs, and filtration systems, to a private investor to retire debts and to establish an education trust fund. In 2000, the City's newly elected mayor sought to establish a new arrangement in which the Board would operate as a City department. Members of the city council opposed that plan, wishing to keep the Board independent and have it buy back the system assets. In July 2000, the city council approved an ordinance to transfer the assets back to the Board. The mayor later filed suit against the Board and city council in an attempt to prevent the Board from repurchasing the assets. The State Attorney General intervened and counterclaimed against the mayor and city council, all of which ended in the settlement agreement. In their complaint here, the conservation parties alleged that, in 2016, a parcel of land "subject to the settlement agreement was sold for a gas station after unanimous approval by the Board." In 2021, the conservation parties contended the Conservation Easement Agreement ("the CEA") did not establish a valid conservation easement that fulfilled the requirements dictated in paragraph 7 of the settlement agreement. The Alabama Supreme Court found that based on paragraph 6 of the settlement agreement, the conservation parties had a third-party right to seek enforcement of the terms of paragraph 7 of the settlement agreement. The Court also concluded the conservation parties stated a viable justiciable controversy with respect to whether the Board fulfilled its obligation in paragraph 7 of the settlement agreement "to place a conservation easement on the System's real estate described in paragraph 7 of the Acquisition Agreement ...." Therefore, the circuit court's judgment dismissing the conservation parties' claims against the Board is reversed, and the cause is remanded for further proceedings. View "Cahaba Riverkeeper, Inc., et al. v. Water Works Board of the City of Birmingham, et al." on Justia Law