Justia Government & Administrative Law Opinion Summaries

In 2010, the legislature amended state law to preempt regulation of red light cameras to the state. At issue in these consolidated cases was whether pre-2010 municipal ordinances imposing penalties for red light violations detected by camera devices were invalid because they were preempted by state law. The district courts in these cases reached contrary conclusions: the Third District Court of Appeal held that the City of Aventura’s ordinance was a valid exercise of municipal power, and the Fifth District Court of Appeal concluded that the City of Orland’s ordinance was invalid because it was in conflict with and was preempted by state law. The Supreme Court agreed with the Fifth District, holding that the ordinances at issue were invalid because they were expressly preempted by state law. View "Masone v. City of Aventura" on Justia Law

Petitioners challenged the EPA's issuance of a memorandum entitled, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule." The court dismissed the petition for review because petitioners failed to show that they suffered injury that is imminent or certain as a result of the Memorandum. Accordingly, the court lacked jurisdiction to consider petitioners' challenges. View "Sierra Club, et al. v. EPA, et al." on Justia Law

In August 2011, the Department updated the special procedures that establish the minimum wages and working conditions employers must offer U.S. sheepherders, goatherders, and open-range (cattle) herders before hiring foreign herders. Plaintiffs, U.S. workers experienced in herding claimed that the Department administers the temporary worker visa program in a way that gives herding operations access to inexpensive foreign labor without protecting U.S. workers. The court concluded that the district court erred in holding that plaintiffs lacked both Article III and prudential standing to bring this action where plaintiffs were injured by the Department's promulgation of the Training and Employment Guidance Letters (TEGLs) and fell within the zone of interests protected by the Immigration and Nationality Act of 1952, 8 U.S.C. 1188(a)(1). On the merits, the court concluded that plaintiffs were entitled to entry of summary judgment in their favor where the Department violated the Administrative Procedure Act, 5 U.S.C. 553, by promulgating TEGLs without providing public notice and an opportunity for comment. Accordingly, the court reversed and remanded. View "Mendoza, et al. v. Harris, et al." on Justia Law

These consolidated petitions concerned proposed alternatives to security procedures mandated by the TSA. Amerijet requested alternative cargo screening procedures at various foreign airports it services and the TSA largely denied these requests. Amerijet petitioned for review, arguing that TSA's denials failed for want of reasoned decisionmaking and that TSA's actions violated Amerijet's right to equal protection of the law. The court concluded that, even under a highly deferential standard of review, TSA's denials were arbitrary and capricious as to most of Amerijet's requests where TSA failed to adequately explain most of its denials. Because the court had no meaningful basis to evaluate TSA's decisionmaking, the court remanded, excluding two issues. Accordingly, Amerijet's equal protection claim is unripe and the court dismissed the claim without prejudice. View "Amerijet Int'l, Inc. v. Pistole" on Justia Law

In 2011, the Agency of Transportation advertised for bids to reconstruct a half-mile section of North Main Street in downtown Barre. Luck Brothers submitted the low bid and was awarded the contract for the project, which it started in the summer of 2011. In June 2012, Luck Brothers submitted a claim to the Agency seeking approximately $855,000 in additional compensation beyond the bid amount based on alleged differing site conditions from those assumed in the contract. One year later, Luck Brothers submitted a supplemental claim, making the total claim approximately $1.1 million. Less than three months after submitting its $855,000 claim, Luck Brothers filed a complaint against the Agency in superior court seeking, among other things, declaratory relief and compensatory damages. Specifically, the complaint alleged breach of contract, negligent misrepresentation, and breach of an implied warranty on the part of the Agency, and sought penalties under the Prompt Pay Act. Luck Brothers appealed the superior court’s decision to grant the Agency’s motion to dismiss Luck Brothers’ lawsuit on grounds that the company failed to exhaust its administrative remedies before pursuing a remedy in the superior court. Upon review, the Supreme Court affirmed the superior court’s decision, but clarified the standard of review in appeals to the Vermont Transportation Board from Agency determinations under the claims process for construction contracts. View "Luck Brothers v. Agency of Transportation" on Justia Law

KOMO-TV news reporter Tracv Vedder made three unsuccessful public records requests to the Seattle Police Department (SPD) relating to "dash-cam" videos taken by SPD officers. The Supreme Court concluded that two of the requests should have been granted. The Court found that the SPD complied with the Public Records Act when it declined Vedder's request for officer log sheets, but failed to comply when it failed to produce a list of retained videos. The case was remanded to the trial court for further proceedings. View "Fisher Broadcasting. v. City of Seattle" on Justia Law

Through the Towing Ordinance and the Mobile Phone Ordinance the Town of Chapel Hill sought to regulate the business of towing vehicles parked in private lots and the use of mobile telephones while driving. Plaintiff, who operated a towing business within the town limits of Chapel Hill, sought a declaratory judgment to invalidate both ordinances, claiming that the Town lacked the authority to enact either ordinance. The trial court agreed with Plaintiff and entered a permanent injunction barring enforcement of both ordinances. The Court of Appeals reversed, holding (1) the Towing Ordinance covered a proper subject for regulation under the Town’s police power; and (2) Plaintiff was not entitled to challenge the Mobile Phone Ordinance because he had not been cited for a violation. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the fee schedule and credit card fee provisions of the Towing Ordinance exceeded the Town’s authority, but the remainder of the Towing Ordinance was valid; and (2) the legislature’s comprehensive scheme regulating use of a mobile phone on streets and highways precluded the Town from doing so. View "King v. Town of Chapel Hill" on Justia Law

Plaintiffs were granted relief an action filed against Marion Haddad and the Holy Annunciation Monastery Church of the Golden Hills. Plaintiffs sought to satisfy the judgment, which represented the proceeds from a sale of property. The court ordered Holy Annunciation and Haddad to hold the proceeds of the sale in escrow, but Haddad deposited $40,000 of the proceeds in her retirement account with the State Board of Retirement. When Plaintiffs received no payment for the judgment, they brought this case in part to name the Board as trustee for the $40,000. Defendants moved to dismiss the complaint, arguing that Haddad’s retirement account was exempt from attachment and that the Commonwealth was immune from suit. The superior court granted Defendants’ motion. The Supreme Judicial Court reversed, holding (1) Haddad did not have rights in the $40,000 she deposited with the Board, and therefore, those funds were not statutorily prohibited from being subject to attachment; and (2) the doctrine of sovereign immunity did not bar Plaintiffs from summoning the Board as trustee with respect to those funds. View "Randall v. Haddad" on Justia Law

Petitioner was convicted of a crime and sentenced to a period of imprisonment followed by community parole supervision for life (CPSL). While serving his CPSL sentence, Petitioner tested positive for opiates. During the CPSL revocation proceedings that followed, Petitioner was confined pursuant to parole board regulations pursuant to parole board regulations. While Petitioner was confined, the Commonwealth filed a petition in the superior court alleging that Petitioner was a sexually dangerous person (SDP). The parole board found a CPSL violation, and Petitioner’s confinement continued as a sanction for the CPSL violation. Petitioner was civilly committed pending the outcome of the SDP petition. While temporarily committed, Petitioner filed this complaint for declaratory and injunctive relief, seeking a declaration that his due process rights were violated in the CPSL revocation proceeding and that his CPSL sentence was unconstitutional under separation of powers principles. The Supreme Judicial Court concluded that Petitioner’s CPSL sentence and his incarceration were unlawful, and therefore, Petitioner was not a “prisoner” for purposes of the SDP statute when the Commonwealth filed its SDP petition. View "Gangi v. Mass. Parole Bd." on Justia Law

Defendant was classified as a level two sex offender and was required to register as a sex offender. Defendant later pleaded guilty to failing to provide notice of a change of address. The district court sentenced him to six months of supervised probation and community parole supervision for life (CPSL). Defendant subsequently filed a motion to correct his sentence, claiming that the sentence was unconstitutional. Specifically, Defendant argued that CPSL violated the separation of powers doctrine by improperly delegating to the parole board the exercise of the judicial power to impose sentences. The Supreme Judicial Court agreed with Defendant and vacated his sentence, holding that CPSL violates article 30 of the Massachusetts Declaration of Rights by granting to the parole board, an entity of the executive branch, a quintessential judicial power, the power to determine whether a defendant should be sentenced to additional terms of imprisonment. View "Commonwealth v. Cole" on Justia Law