Justia Government & Administrative Law Opinion Summaries

The Court of Appeals vacated the judgment of the circuit court affirming the finding of the administrative law judge (ALJ) that Respondent was coerced into submitting to an alcohol breath test required by Md. Code Ann. Transp. 16-205.1.In affirming, the circuit court concluded that substantial evidence supported the ALJ’s decision that Respondent did not voluntarily submit to the testing. The ALJ found, specifically, that the due process afforded to Respondent was insufficient and that the officer’s actions impermissibly induced Respondent to submit to an alcohol breath test. The Court of Appeals disagreed, holding that the ALJ’s determination was erroneous because Respondent failed to establish that there was an insufficient advisement of rights in violation of her due process protections. View "Motor Vehicle Administration v. Smith" on Justia Law

Saint Bernard Parish Government and other owners of real property in St. Bernard Parish or in the Lower Ninth Ward of the City of New Orleans sued under the Tucker Act, 28 U.S.C. 1491(a)(1), alleging a taking. They claimed that the government was liable for flood damage to their properties caused by Hurricane Katrina and other hurricanes. Plaintiffs’ theory was that the government incurred liability because of government inaction, including the failure to properly maintain or to modify the Mississippi River-Gulf Outlet (MRGO) channel, and government action (the construction and operation of the MRGO channel). The Claims Court found a taking occurred and awarded compensation. The Federal Circuit reversed. The government cannot be liable on a takings theory for inaction and the government action in constructing and operating MRGO was not shown to have been the cause of the flooding. The Claims Court failed to apply the correct legal standard, which required that the causation analysis account for government flood control projects that reduced the risk of flooding. View "St. Bernard Parish Government v. United States" on Justia Law

Appellants challenged the trial court's order and judgment dismissing appellants' petition for writ of mandate and complaint. At issue was whether Proposition 65's reliance on the International Agency for Research on Cancer to identify known carcinogens violated various provisions and doctrines of the California and United States Constitutions. The Court of Appeal affirmed the judgment, rejecting appellants' arguments that the Labor Code listing mechanism violated article II, section 12 of the California Constitution, because the Agency did not qualify as a private corporation under the constitutional provision; that the Labor Code listing mechanism was an unlawful delegation of authority; that the Labor Code listing mechanism violated procedural due process rights; and that the Labor Code listing mechanism violated the Guarantee Clause of the United States Constitution. View "Monsanto Co. v. Office of Environmental Health Hazard Assessment" on Justia Law

The Byrne Memorial Justice Assistance Grant Program allocates substantial funds annually to provide for the needs of state and local law enforcement, including personnel, equipment, training. In 2017, the Attorney General tied receipt of the funds to the recipient’s compliance with conditions. Chicago, a “sanctuary city,” argued the conditions were unlawful and unconstitutional. The district court agreed and enjoined, nationwide, the enforcement of a condition mandating advance notice to federal authorities of the release date of persons in state or local custody who are believed to be aliens and a condition requiring the local correctional facility to ensure agents access to such facilities to meet with those persons. Compliance with those conditions would require the allocation of state and local resources, including personnel. The Seventh Circuit affirmed, noting that it was not assessing “optimal immigration policies” but enforcing the separation of powers doctrine. The statute precisely describes the formula through which funds should be distributed to states and local governments and imposes precise limits on the extent to which the Attorney General can deviate from that distribution. It “is inconceivable that Congress would have anticipated" that the Attorney General could abrogate the distribution scheme and deny funds to states and localities that would qualify under the Byrne JAG statutory provisions, based on a decision to impose conditions—the putative authority for which is provided in another statute (34 U.S.C. 10102(a)(6)). View "City of Chicago v. Sessions" on Justia Law

Shortly after the adoption of its comprehensive zoning ordinance and map in 2014, in June 2015, the City of Ridgeland (“the City”) adopted an amendment creating as a permitted use in general commercial (“C-2”) districts a Large Master Planned Commercial Development (“LMPCD”). The amendment allowed uses previously prohibited in C-2 districts and created an opportunity for the potential location of a Costco Wholesale (“Costco”). Appellants were residents of the City who lived in nearby neighborhoods; they appealed the City’s decision, arguing that the amendments constituted illegal rezoning and/or spot zoning. The Mississippi Supreme Court reversed and remanded, finding that because the City amended its zoning ordinance shortly after adopting a new comprehensive zoning ordinance and map in order to accommodate Costco, substantially changing the uses previously allowed in a C-2 district without showing a substantial change in neighborhood character, the amendments constituted an illegal rezoning. In addition, because the amendments were entirely designed to suit Costco, the amendments constituted illegal spot-zoning as well. Accordingly, the circuit court erred in finding that the Costco amendments were not arbitrary and capricious. View "Beard v. City of Ridgeland" on Justia Law

Shortly after the adoption of its comprehensive zoning ordinance and map in 2014, in June 2015, the City of Ridgeland (“the City”) adopted an amendment creating as a permitted use in general commercial (“C-2”) districts a Large Master Planned Commercial Development (“LMPCD”). The amendment allowed uses previously prohibited in C-2 districts and created an opportunity for the potential location of a Costco Wholesale (“Costco”). Appellants were residents of the City who lived in nearby neighborhoods; they appealed the City’s decision, arguing that the amendments constituted illegal rezoning and/or spot zoning. The Mississippi Supreme Court reversed and remanded, finding that because the City amended its zoning ordinance shortly after adopting a new comprehensive zoning ordinance and map in order to accommodate Costco, substantially changing the uses previously allowed in a C-2 district without showing a substantial change in neighborhood character, the amendments constituted an illegal rezoning. In addition, because the amendments were entirely designed to suit Costco, the amendments constituted illegal spot-zoning as well. Accordingly, the circuit court erred in finding that the Costco amendments were not arbitrary and capricious. View "Beard v. City of Ridgeland" on Justia Law

From 2012 to 2015, Morris County, New Jersey awarded $4.6 million in taxpayer funds to repair twelve churches, as part of a historic preservation program. This appeal raised two questions for the New Jersey Supreme Court's consideration: whether the grant program violated the Religious Aid Clause of the New Jersey Constitution and, if so, whether the Religious Aid Clause conflicts with the Free Exercise Clause of the United States Constitution. The New Jersey Supreme Court found the Religious Aid Clause has been a part of New Jersey’s history since the 1776 Constitution. The clause guaranteed that “[n]o person shall . . . be obliged to pay . . . taxes . . . for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry.” The clause reflected a historic and substantial state interest. The Court found the plain language of the Religious Aid Clause bars the use of taxpayer funds to repair and restore churches, and that Morris County’s program "ran afoul of that longstanding provision." Morris County and the grant recipients claimed that to withhold grants from eligible churches would violate their rights under the Free Exercise Clause of the First Amendment. The County and the churches relied heavily on Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ___, 137 S. Ct. 2012 (2017), as grounds for their argument. The New Jersey Court determined that all of the defendant churches had active congregations, and all conducted regular worship services in one or more structures repaired with grant funds. Several churches specifically explained that they sought funds in order to be able to continue to host religious services. "We do not believe Trinity Lutheran would require that grants be considered and extended to religious institutions under those circumstances." Therefore the New Jersey Court reversed the trial court’s decision to uphold the grants. View "Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders" on Justia Law

From 2012 to 2015, Morris County, New Jersey awarded $4.6 million in taxpayer funds to repair twelve churches, as part of a historic preservation program. This appeal raised two questions for the New Jersey Supreme Court's consideration: whether the grant program violated the Religious Aid Clause of the New Jersey Constitution and, if so, whether the Religious Aid Clause conflicts with the Free Exercise Clause of the United States Constitution. The New Jersey Supreme Court found the Religious Aid Clause has been a part of New Jersey’s history since the 1776 Constitution. The clause guaranteed that “[n]o person shall . . . be obliged to pay . . . taxes . . . for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry.” The clause reflected a historic and substantial state interest. The Court found the plain language of the Religious Aid Clause bars the use of taxpayer funds to repair and restore churches, and that Morris County’s program "ran afoul of that longstanding provision." Morris County and the grant recipients claimed that to withhold grants from eligible churches would violate their rights under the Free Exercise Clause of the First Amendment. The County and the churches relied heavily on Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ___, 137 S. Ct. 2012 (2017), as grounds for their argument. The New Jersey Court determined that all of the defendant churches had active congregations, and all conducted regular worship services in one or more structures repaired with grant funds. Several churches specifically explained that they sought funds in order to be able to continue to host religious services. "We do not believe Trinity Lutheran would require that grants be considered and extended to religious institutions under those circumstances." Therefore the New Jersey Court reversed the trial court’s decision to uphold the grants. View "Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders" on Justia Law

University Park hired Linear as its Village Manager through May 2015, concurrent with the term of its Mayor. In October 2014 the Village extended Linear’s contract for a year. In April 2015 Mayor Covington was reelected. In May, the Board of Trustees decided that Linear would no longer be Village Manager. His contract provides for six months’ severance pay if the Board discharges him for any reason except criminality. The Village argued that the contract’s extension was not lawful and that it owes Linear nothing. The district court agreed and rejected Linear’s suit under 42 U.S.C. 1983, reasoning that 65 ILCS 5/3.1-30-5; 5/8-1-7 prohibit a village manager's contract from lasting beyond the end of a mayor’s term. The Seventh Circuit affirmed on different grounds. State courts should address the Illinois law claims. Linear’s federal claim rests on a mistaken appreciation of the role the Constitution plays in enforcing state-law rights. Linear never had a legitimate claim of entitlement to remain as Village Manager. His contract allowed termination without cause. His entitlement was to receive the contracted-for severance pay. Linear could not have a federal right to a hearing before losing his job; he has at most a right to a hearing to determine his severance pay--a question of Illinois law. View "Linear v. Village of University Park" on Justia Law

Plaintiffs John Davis and Shad Denson filed a complaint seeking declaratory and injunctive relief against the City of Jackson, Mississippi (“City”). The plaintiffs, both taxicab drivers, sought: (1) a declaratory judgment that the City’s taxicab ordinances violate the Mississippi Constitution; and (2) an injunction to prevent the City from denying the plaintiffs a Certificate of Public Necessity for their failure to comply with the City’s ordinances. The City filed a motion to dismiss the plaintiffs’ complaint for lack of subject-matter jurisdiction, citing Mississippi Code Section 11-51-75 (Rev. 2012), which required a bill of exceptions to be filed and transferred to circuit court when the complaining party was aggrieved by a discretionary action of a municipal governing authority. The chancery court granted the City’s motion to dismiss, finding it lacked jurisdiction to consider the case. The plaintiffs appealed. The Mississippi Supreme Court found the dismissal for lack of jurisdiction was proper, but for a different reason: plaintiffs lacked standing to challenge the constitutionality of the City’s taxi ordinances because they failed to file or complete the required application to start a taxicab company in Jackson. View "Davis v. City of Jackson" on Justia Law