Justia Government & Administrative Law Opinion Summaries

At issue was whether Intermessage Communications and members of a proposed class of retail cellular-telephone-service subscribers seeking to recover treble damages under Ohio Rev. Code 4905.61 for regulatory violations related to the wholesale cellular-service market committed in the 1990s, as determined by the Public Utilities Commission of Ohio (PUCO), had standing to bring this action.The Supreme Court reversed the judgment of the Eighth District Court of Appeals affirming the trial court’s decision to certify the class and dismissed this matter, holding that Intermessage and the proposed class of retail cellular-service subscribers lacked standing to bring an action pursuant to section 4905.61 because the language of the statute limits recovery of treble damages to the “person, firm, or corporation” directly injured as a result of the “violation, failure, or omission” found by the PUCO. View "Satterfield v. Ameritech Mobile Communications, Inc." on Justia Law

Shauna R. appealed an order terminating parental rights to her son, Cody R., contending the order should have been reversed because the San Diego County Health and Human Services Agency (Agency) did not give preferential consideration to relatives when determining Cody's placement. After considering the parties' supplemental briefing on the issue of standing, the Court of Appeal concluded Shauna did not have standing to appeal the order terminating parental rights. "A parent's appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child's placement only if the placement order's reversal advances the parent's argument against terminating parental rights." Shauna overlooked the fact she did not challenge on appeal the court's finding there were no exceptions to termination of parental rights. "She alludes to the possibility that if Cody had been placed in the care of a relative, the relative would not have been able to adopt and the court would have ordered a permanency plan of guardianship, thus preserving Shauna's parental rights. Speculation about a hypothetical situation is not sufficient to support standing." Furthermore, the Court found the record did not support Shauna's claims there were relatives willing to provide a home to Cody and the Agency failed to apply the relative placement preference. In not bringing the placement issue to the juvenile court's attention at any time during Cody's dependency proceedings, Shauna has forfeited the issue on appeal. View "In re Cody R." on Justia Law

Advanced Disposal Services South, LLC; Advanced Disposal Services Alabama Holdings, LLC; Tallassee Waste Disposal Center, Inc.; Advanced Disposal Services, Inc.; and Stone's Throw Landfill, LLC (collectively, "Advanced Disposal"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Circuit Court either to join the City of Tallassee ("the City") as a necessary and indispensable party to the underlying action filed by Jerry Tarver, Sr., or, alternatively, to dismiss the action in its entirety, pursuant to Rule 19, Ala. R. Civ. P. The Supreme Court granted the petition and issued the writ, making no determination whether joinder would be feasible or whether the City was an indispensable party. Tarver filed an application for rehearing, arguing in its September 28, 2018 opinion, the Supreme Court "recast" his claims to reach the conclusion that the City was a necessary party to this action. He argued that the Court's reasoning on original submission was dependent on the notion that he sought to address the whole of the effluent the City discharges into the Tallapoosa River ("the river") when, he claimed, he sought to enjoin only the quantity of the leachate Advanced Disposal deposited into the City's stabilization pond. Tarver then argued that not only did the Court's analysis depend on a recasting of his claims, but the Court also relied on facts not before the circuit court in support of that recasting, namely, "facts as to the percentage of the effluent attributable to [Advanced Disposal's] leachate compared to the percentage of the effluent attributable to other sources." In overruling Tarver's application, the Supreme Court held Tarver's arguments misapprehended its opinion; the figures cited in note 5 of the opinion on original submission were consistent with the allegations in the complaint that the stabilization pond treats "substantial amounts" of waste from parties other than Advanced Disposal. View "Ex parte Advanced Disposal Services South, LLC, et al." on Justia Law

McCormick County voters elected Clarke Anderson Stearns as their Sheriff in the November 8, 2016, general election. After the election, Appellants brought this action alleging "Stearns does not possess the necessary qualifications to be Sheriff of McCormick County." Based on that claim, Appellants "specifically request[ed]" the circuit court issue an order "enjoining the Defendant Stearns from serving as Sheriff of McCormick County." Before the circuit court action was filed, however, the losing candidate in the general election, J.R. Jones, filed a Title 7 election protest with the McCormick County Board of Canvassers. Jones filed the challenge on November 16, 2016. The county board held a hearing on November 21. By a vote of 3-to-3, the county board took no action on Jones's protest. Jones did not appeal the county board's decision. Jones then filed this action in circuit court on December 7, 2016, joined as plaintiff by the South Carolina Democratic Party and the McCormick County Democratic Party. This appeal presented two issues for the South Carolina Supreme Court's resolution: (1) whether a challenge to an elected official's legal qualifications to serve in the office to which he has just been elected must be brought pursuant to the administrative provisions of Title 7 of the South Carolina Code, or whether such a challenge may be brought in circuit court; and (2) whether the "certified law enforcement officer" requirement to serve as sheriff, found in subsection 23-11- 110(A)(5) of the South Carolina Code (Supp. 2018), required the certification to come from South Carolina authorities, as opposed to authorities in another state. The Supreme Court determined the plaintiffs in this case were permitted to bring the action in circuit court, but the necessary certification to serve as sheriff need not come from South Carolina authorities. The Court affirmed the result of the circuit court's decision, which did not remove the elected McCormick County Sheriff from office. View "Jones v. South Carolina Republican Party" on Justia Law

The North Dakota State Board of Registration for Professional Engineers and Land Surveyors ("Board") appealed district court judgments affirming in part, reversing in part, and remanding to the Board its disciplinary decisions against Michael Berg, Apex Engineering Group, Inc., Scott Olson, Dain Miller, Thomas Welle, and Timothy Paustian. Respondents Berg, Olson, Miller, Welle and Paustian were former employees of Ulteig Engineers, Inc. Olson was terminated from Ulteig in 2009. In 2010, Berg, Miller, Welle, and Paustian resigned from Ulteig and, along with Olson, started a competing business, Apex. Following the Respondents' departure, Ulteig sued Apex and filed an ethics complaint with the Board, alleging Berg, Olson, Miller, Welle and Paustian violated the Professional Engineers' Code of Ethics by disclosing Ulteig's confidential information and failing to disclose a potential conflict of interest by not informing Ulteig of their decision to form Apex. Ulteig also alleged the Respondents knowingly participated in a plan to seek employment for Apex on projects that Ulteig had been contracted to perform before the Respondents' departure from Ulteig. The Board found that each of the Respondents had violated one or more of the provisions of the code of ethics. Respondents appealed the Board's disciplinary decisions to the district court. The court affirmed the Board's decision that Welle, Berg, and Miller failed to disclose a potential conflict of interest. The court reversed the determination that Miller, Welle, and Paustian had improperly disclosed confidential information. The court also reversed the decision that Berg, Olson, and Welle knowingly participated in a plan to seek employment for Apex on projects Ulteig had been contracted to perform before their departure from Ulteig. The court remanded to the Board for reconsideration the discipline imposed on Berg, Olson, Miller, Welle, and Paustian in light of the court's reversal of the disciplinary decisions. The court also awarded attorney fees to Berg, Welle, Apex, Olson, Miller, and Paustian. On appeal to the North Dakota Supreme Court, the Board argued the district court wrongfully reversed the Board's disciplinary decisions because the decisions were supported by a preponderance of the evidence. The Supreme Court concluded a preponderance of the evidence supported the Board's factual findings regarding the improper solicitation by Welle, Olson, Berg, and Apex. Those findings supported a conclusion that Welle, Olson, Berg, and Apex knowingly sought or accepted employment for professional services for an assignment for which Ulteig was previously employed or contracted to perform in violation of N.D. Admin. Code 28-03.1-01-12(6). The Supreme Court therefore reversed those parts of the district court's judgments relating to the violation of N.D. Admin. Code 28-03.1-01-12(6) by Welle, Olson, Berg, and Apex. View "Berg, et al. v. North Dakota State Board of Registration" on Justia Law

Petitioner Kyle Guillemette challenged a determination by the Administrative Appeals Unit (AAU) of the New Hampshire Department of Health and Human Services (DHHS) that the notice requirements set forth in RSA 171-A:8, III (2014) and New Hampshire Administrative Rules, He-M 310.07 did not apply when Monadnock Worksource notified Monadnock Developmental Services of its intent to discontinue providing services to petitioner because that act did not constitute a “termination” of services within the meaning of the applicable rules. Petitioner received developmental disability services funded by the developmental disability Medicaid waiver program. MDS was the “area agency,” which coordinated and developed petitioner’s individual service plan. Worksource provides services to disabled individuals pursuant to a “Master Agreement” with MDS. Worksource began providing day services to the petitioner in August 2012. On March 31, 2017, Worksource notified MDS, in writing, that Worksource was terminating services to petitioner “as of midnight on April 30.” The letter to MDS stated that “[t]he Board of Directors and administration of . . . Worksource feel this action is in the best interest of [the petitioner] and of [Worksource].” Petitioner’s mother, who served as his guardian, was informed by MDS of Worksource’s decision on April 3. The mother asked for reconsideration, but the Board declined, writing that because the mother “repeatedly and recently expressed such deep dissatisfaction with our services to your son, the Board and I feel that you and [petitioner] would be better served by another agency . . . .” Thereafter, petitioner filed a complaint with the Office of Client and Legal Services alleging that his services had been terminated improperly and requesting that they remain in place pending the outcome of the investigation of his complaint. Because the New Hampshire Supreme Court concluded that the AAU’s ruling was not erroneous, it affirmed. View "Petition of Kyle Guillemette" on Justia Law

Shane Martin appealed an order denying his N.D.R.Civ.P. 60(b) motion for relief from default judgment. Martin was the biological father of Cheri Poitra's child, I.R.P. Martin and Poitra were unmarried tribal members of the Turtle Mountain Band of Chippewa. In August 2017, Poitra began receiving services from Bismarck Regional Child Support Unit (BRCSU). The State sought to establish a child support obligation from Martin and served him with a summons and complaint. Martin completed a financial affidavit and returned it to BRCSU on October 8, 2017, but did not file an answer or other responsive pleading. On November 7, 2017, the State filed a N.D.R.Ct. 3.2 motion for default judgment. More than 21 days had passed since Martin was served and he had appeared but had not filed an answer or other responsive pleading. On November 17, 2017, Martin filed a notice of special appearance. The notice of special appearance did not contain an accompanying affidavit, motion, request for action, or response to the allegations. Instead, the notice stated only that Martin's attorney was entering a special appearance to contest "both subject matter and personal jurisdiction." Included with the notice was a copy of a summons and a petition for custody filed by Martin with the Turtle Mountain Tribal Court on November 16, 2017. A hearing on the "notice of special appearance" was held January 2018. During the hearing, the district court stated numerous times that the notice was not a motion on which the court could act and instructed Martin to file a motion. In February, 2018, the district court entered its findings of fact, conclusions of law, and order for judgment finding Martin in default. Judgment was entered February 21, 2018. Martin argues that his return of the financial affidavit and filing of a notice of special appearance was sufficient to preclude a default judgment under N.D.R.Civ.P. 55(a) and thus the district court erred in denying his Rule 60(b) motion. The North Dakota Supreme Court affirmed: the district court did not err in denying a Rule 60(b) motion for relief from judgment where Martin was properly provided notice and served with the motion for default judgment. View "North Dakota v. Martin" on Justia Law

Larry Alber appealed a January 2018 order amending a 2013 order which found Alber in contempt for failure to abate a nuisance on his property in compliance with a October 2003 judgment. He argued the judgment was satisfied when he filed reports of compliance with the district court and thus the property no longer contained a nuisance subject to abatement. The City of Marion ("City") argued the district court properly amended the 2013 order. The North Dakota Supreme Court concluded the district court did not err in amending its order to clarify that the nuisance on the property remained subject to abatement after Alber's conveyance of the property. The Court therefore affirmed the district court's amended order. View "North Dakota ex rel. City of Marion v. Alber" on Justia Law

Plaintiffs are four parents and their children residing throughout California and a California nonprofit corporation, A Voice for Choice, Inc. This case rose constitutional challenges to Senate Bill No. 277, which repealed the personal belief exemption to California’s immunization requirements for children attending public and private educational and child care facilities. Plaintiffs sued claiming Senate Bill No. 277 violated their rights under California’s Constitution to substantive due process, privacy, and a public education. The trial court sustained the defendants’ demurrer to plaintiffs’ complaint without leave to amend and plaintiffs appealed. On appeal, plaintiffs also raised an additional argument that Senate Bill No. 277 violated their constitutional right to free exercise of religion, although they did not allege a separate cause of action on that basis in their complaint. The Court of Appeal found "[p]laintiffs' arguments are strong on hyperbole and scant on authority." Finding no violation of plaintiffs' constitutional rights, the Court of Appeal affirmed the trial court. View "Love v. California Dept. of Education" on Justia Law

In a contract dispute between film producer Adam Rosenfelt and the Mississippi Development Authority ("MDA"), Rosenfelt claimed the MDA promised loan guarantees so he could make movies in Mississippi. He made one film, which was not financially successful, and the MDA refused to guarantee the loan for his next project. Rosenfelt claimed the MDA breached a contract with him, personally. The Mississippi Supreme Court concluded Rosenfelt lacked standing to file suit: the actual documents showed any agreement was between the MDA and one or more LLCs, not Rosenfelt personally. Furthermore, the Court determined no error has been shown as to the dismissal of one of those LLCs, Element Studios, LLC, for want of standing. View "Rosenfelt v. Mississippi Development Authority" on Justia Law