Justia Government & Administrative Law Opinion Summaries

With certain exceptions, a sex offender can rebut the presumption established by the Child Protection From Sex Offenders Act by demonstrating his compliance with the conditions in the statute. This appeal raised one issue: whether the Sex Offenders Act and its rebuttable presumption operated outside of Family Court custody proceedings. The Delaware Supreme Court concluded, as did the Family Court, that the General Assembly intended that the Act and its rebuttable presumption to operate only when the Family Court determines custody, residency, and visitation as part of a Family Court custody proceeding. The Court therefore affirmed the Family Court’s order. View "Division of Family Services v. O'Bryan" on Justia Law

A Department of Transportation decision suspending or revoking driving privileges may be appealed to the district court by serving the director and filing a notice of appeal with specifications of error in the district court within seven days after the date of the hearing as shown by the date of the hearing officer's decision. Fritz Opp appealed and the Department of Transportation cross-appealed judgments affirming the Department's decisions revoking Opp's driving privileges for 180 days and reciprocally disqualifying him from operating a commercial motor vehicle for one year. The North Dakota Supreme Court concluded the district court lacked jurisdiction to hear Opp's untimely appeals of the Department's decisions, and reversed and remanded for the district court to enter judgments dismissing Opp's appeals to the district court. View "Opp v. N.D. Dep't of Transportation" on Justia Law

This case concerned residual pollutant discharges from public fireworks displays over the waters of the United States within the jurisdiction of the California Regional Water Quality Control Board, San Diego Region (the Regional Board), which included a large portion of San Diego County, portions of south Orange County, and the southwestern portion of Riverside County (San Diego Region). The Regional Board approved a general permit for public displays of fireworks over the region's surface waters. Coastal Environmental Rights Foundation (CERF) appealed the trial court's denial of its petition for writ of mandamus challenging the approval of the Fireworks Permit. CERF contended: (1) the trial court applied the wrong standard of review in denying its petition, (2) the Fireworks Permit violates federal law regarding water quality monitoring, and (3) the Fireworks Permit violated prohibitions in the State Water Resources Control Board's 2009 California Ocean Plan concerning discharges in areas of special biological significance (ASBS). After review, the Court of Appeal rejected CERF's arguments and affirmed the judgment. View "Coastal Environ. Rights v. Cal. Reg. Wat. Quality Control Bd." on Justia Law

The California Commission on Teacher Credentialing (Commission) notified Cornelius Oluseyi Ogunsalu that it had found probable cause to recommend the suspension of his preliminary teaching credentials for 21 days and that Ogunsalu's application for a clear credential would be granted only upon completion of the suspension. Ogunsalu requested a continuance of the administrative hearing before the Commission. An administrative law judge (ALJ) of the OAH denied the continuance on the ground Ogunsalu had not shown good cause for it. Ogunsalu was a vexatious litigant, and sought to challenge the denial of the continuance request by filing a petition for writ of mandate with the superior court. Ogunsalu then requested permission from the Court of Appeal to file a petition for a writ directing the superior court to vacate its order denying his request to file the petition for writ of mandate in that court. In the proposed filing, he contended that the superior court had abused its discretion by relying on his status as a vexatious litigant to deny his request to file the petition for writ of mandate, because he was a "defendant" in the administrative hearing before the Commission and sought to "appeal" a ruling against him in that proceeding. The Court of Appeal concluded that the vexatious litigant prefiling requirements of Code of Civil Procedure section 391.7 applied to a self-represented litigant, previously declared a vexatious litigant, who filed a writ of mandate proceeding in the superior court to challenge the denial of his request to continue an administrative proceeding where the vexatious litigant was the respondent in the administrative proceeding. Accordingly, the superior court correctly subjected the vexatious litigant to the prefiling requirements of section 391.7. Because subsequent events have rendered effective relief impossible, the petition was dismissed as moot. View "Ogunsalu v. Super. Ct." on Justia Law

Petitioners Scott Smith and D. Michael Kopp, both registered electors, appealed the actions of the Ballot Title Setting Board (“Title Board”) regarding the setting of the title and ballot title and submission clause for Proposed Initiative 2017–2018 #4 (“Initiative #4”). Issues for the Colorado Supreme Court’s review were: (1) Initiative #4 contained a single subject; and (2) whether the Supreme Court had authority to review an abstract prepared and submitted to the Title Board as required by section 1-40-105.5, C.R.S. (2016). The Court concluded: (1) the initiative indeed contained a single subject (the limitation of housing growth in Colorado); and (2) section 1-40-107 authorized the Court to review such an abstract. View "In the Matter of the Title, Ballot Title and Submission Clause for 2017" on Justia Law

A provision of the mandatory form settlement document promulgated by the Director of the Division of Workers’ Compensation (“Director”) did not waive an injured employee’s statutory right under section 8-43-204(1), C.R.S. (2016), to reopen a settlement based on a mutual mistake of material fact. Petitioner Victor England was a truck driver for Amerigas Propane. He filed a workers’ compensation claim after sustaining a serious injury to his shoulder in December 2012 while making a delivery for Amerigas. England’s claim was governed by the Colorado Workers’ Compensation Act, which required that settlements between employer and employee must be written, signed by both sides, and approved by the Director or an administrative law judge (“ALJ”). Pursuant to section 8-43-204, the Director promulgated a form settlement agreement (“Form”), which the parties are required to use to settle all claims. In this case, the parties’ settlement agreement was consistent with the Form. England’s pain continued after the settlement agreement was signed and approved. In October 2013, he sought further medical evaluation, which revealed a previously undiagnosed stress fracture in the scapula (shoulder blade) of England’s injured shoulder. Up to this point, no one was aware that this fracture existed. England claims that if he had been aware of this fracture, he would not have settled his claim. England filed a motion to reopen the settlement on the ground that the newly discovered fracture justified reopening his workers’ compensation claim. An ALJ agreed, and the Industrial Claim Appeals Office (ICAO) affirmed. The court of appeals reversed, concluding that the Form waived England’s right to reopen. The Colorado Supreme Court held that because provisions of the form document must yield to statutory rights, the court of appeals erred in its conclusion. View "England v. Amerigas Propane" on Justia Law

Neighbors for Healthy Communities (neighbors) appealed the Environmental Division’s decision to grant North East Materials Group, LLC, (NEMG) an Act 250 permit for operating an asphalt plant. Neighbors specifically challenged the court’s findings and conclusions under Criterion 5 and Criterion 8 of Act 250, claiming that conditions imposed by the court pursuant to these two criteria repeat existing requirements that NEMG did not or could not comply with and, thus, were insufficient to meet Act 250’s criteria. After review, the Vermont Supreme Court found no reversible error and affirmed. View "In re North East Materials Group, LLC Amended Act 250 Permit" on Justia Law

Plaintiff filed suit alleging that the Army unlawfully relieved him of command in retaliation for whistleblowing, in violation of the Military Whistleblower Protection Act of 1988, 10 U.S.C. 1034. On appeal, plaintiff challenged the decision of the Chief of Staff for the Office of the Under Secretary of Defense for Personnel and Readiness. The DC Circuit ordered this action to be transferred to district court, holding that nothing in section 1034 or any other provision of the Act provides for direct review in the courts of appeal. View "Rodriguez v. Penrod" on Justia Law

Steven Andrews filed for workers’ compensation benefits after he fell from a ladder in 2009 while working for the Corporation of the Church of Jesus Christ of Latter Day Saints (LDS Church). Andrews sought to establish that the Idaho Industrial Special Indemnity Fund (ISIF) was liable pursuant to Idaho Code section 72- 332. The referee concluded that Andrews failed to show that ISIF was liable because the evidence showed that any pre-existing physical impairments did not constitute a subjective hindrance and that Andrews failed to show that his pre-existing impairments combined with the industrial accident to cause his total and permanent disability. The Commission adopted the recommendation. Andrews timely appealed, arguing that the Commission’s order was not supported by substantial and competent evidence. Not persuaded by Andrews’ arguments, the Idaho Supreme Court affirmed. View "Andrews v. Idaho Industrial Special Indemnity Fund" on Justia Law

Plaintiff DirecTV, Inc. appealed a superior court decision denying a petition for property tax abatement for the tax years 2007, 2008, and 2009. The property at issue was located in New Hampton and used by DirecTV as a satellite uplink facility. On appeal, DirecTV argued that the trial court erred when it: (1) ruled that satellite antennas and batteries used to provide backup power constituted fixtures; and (2) determined the value of the property. The New Hampshire Supreme Court concluded after review that the antennas and batteries were not fixtures, and therefore, taxable as real estate. The Court reversed the superior court on that issue, vacated its decision on the valuation of the property, and remanded for further proceedings. View "DirecTV, Inc. v. Town of New Hampton" on Justia Law