Justia Government & Administrative Law Opinion Summaries

At issue before the Court of Appeal was whether Riverside County, California could impose a tax on possessory interests in federally owned land set aside for the Agua Caliente Band of Cahuilla Indians or its members. In 1971, Court held that it could, holding in part that federal law did not preempt the tax. The tax was also upheld that year by the Ninth Circuit. Since then, the United States Supreme Court articulated a new preemption framework in considering whether states may tax Indian interests, and the Department of the Interior promulgated new Indian leasing regulations, the preamble of which stated that state taxation was precluded. Nevertheless, the Court of Appeal concluded, as it did in 1971, this possessory interest tax was valid. View "Herpel v. County of Riverside" on Justia Law

Appellants Baldwin & Sons, Inc.; Baldwin & Sons, LLC; Sunranch Capital Partners, LLC; USA Portola Properties, LLC; Sunrise Pacific Construction; USA Portola East, LLC; USA Portola West, LLC; and SRC-PH Investments, LLC, all appealed an order compelling compliance with administrative subpoenas issued by the State Water Resources Control Board. Appellants were involved (or believed to be involved) in the construction of a large-scale development in the Portola Hills Community in Lake Forest, California. The State Board initiated an investigation into alleged violations of the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act occurring during construction activities. In connection with its investigation, the State Board issued subpoenas seeking Appellants' financial records. When Appellants refused to produce the requested financial records, the State Board sought a court order compelling compliance with the subpoenas. With the exception of tax returns, the trial court concluded that the information sought was relevant to the State Board's investigation and subject to disclosure pursuant to the investigative subpoenas. Appellants argued on appeal: (1) their financial records were not reasonably relevant to the State Board's investigation; (2) compelling production of their financial records violated their right to privacy; and (3) the protective order did not adequately protect against disclosure of their private financial information to third parties. The Court of Appeal rejected these claims and affirmed the challenged order compelling production of the Appellants' financial records subject to a protective order. View "State Water Resources Control Bd. v. Baldwin & Sons, Inc." on Justia Law

City of Atlanta (“the City”) and the Atlanta Independent School System (“APS”) were involved in a dispute over the City’s annexing property in Fulton County, while it expressly prohibiting the co-expansion of APS’s territory. The Georgia Supreme Court granted the City’s application for interlocutory appeal challenging the trial court’s denial of its motion to dismiss. The Court concluded this matter did not amount to an actual, justiciable controversy; consequently, it vacated the trial court’s order and remanded for this case to be dismissed by the trial court. “These parties have appeared before this Court numerous times, and the instant dispute is part of a larger, ongoing disagreement between the City and APS. … Mere disagreement about the ‘abstract meaning or validity of a statute [or ordinance]’ does not constitute an actual controversy within the meaning of the Declaratory Judgment Act. … APS has failed to establish the existence of an actual controversy, for purposes of declaratory relief, because it has failed to demonstrate that a ruling in its favor would have any immediate legal consequence.” View "City of Atlanta v. Atlanta Indep. Sch. Sys." on Justia Law

Thomas Alpern claimed the United States Forest Service improperly charges him a fee when he entered Maroon Valley to park and hike. He cited an provision of the Federal Lands Recreation Enhancement Act (REA) he claimed prohibited charging a fee "solely for parking." He argued that this prohibition overrode another REA provision that allowed agencies to charge a fee when certain listed amenities were present, like picnic tables, security patrols, trash bins, and interpretive signs. The Tenth Circuit disagreed, finding section 6802(d)(1)(A) prohibited charging fees “[s]olely for parking . . . along roads or trailsides[,]” something Alpern did not do. The Court found Alpern parked in a developed parking lot featuring all the amenities listed in section 6802(f)(4), not along a road or trailside. So it affirmed the district court’s decision to reject Alpern’s as-applied challenge to the Maroon Valley fee program. View "Alpern v. Ferebee" on Justia Law

Appellant Michael Guiney challenged a superior court declaratory judgment ruling the road between Guiney’s house and barn became a public highway by prescription. Guiney also appealed the trial court’s decision on his cross-claim against appellees David Nault, Joshua Nault, and Leigh Nault (the Naults), which upheld boundary lines and a 50-foot wide right-of-way (50-foot ROW) that appeared in a 1988 boundary line agreement (BLA) under the doctrines of boundary by acquiescence and estoppel by recitals in instruments. The relevant properties and Kelsea Road were located in Dunbarton. Guiney acquired his property (Lot 5) by deed dated March 30, 1999. David Nault purchased three lots (Lots 7, 8, and 9) to the west and north of Lot 5 between 1990 and 1998, and had a home on Lot 7. When Guiney purchased Lot 5, the deed described the boundaries of the property using the language that appeared in the BLA, including the 50-foot ROW in favor of Lot 7. In 2015, Guiney recorded a plan which illustrated the boundary lines of his property as they were described in the BLA. Nault was also aware of the BLA prior to purchasing Lot 7 and understood it to be binding upon him and all future owners of the affected pieces of property. Although he observed very little traffic near his house, Guiney observed plow trucks for the Town of Dunbarton (Town) plowing the disputed area during the winter and using space next to his barn to turn around and go back down Kelsea Road. Although Town trucks never graded the disputed area between Guiney’s house and barn, they used the space next to the barn to turn their trucks around when grading Kelsea Road. The present action was set in motion in 2006, when Guiney filed a petition against Nault to quiet title to a “driveway” Nault had constructed over Lot 5, and outside of the disputed area, to access Lots 8 and 9. The New Hampshire Supreme Court determined the evidence presented to the trial court supported a finding of public use, but not adverse public use, therefore, insufficient to support a finding of a public highway by prescription. The Supreme Court vacated the trial court’s finding that Kelsea Road spurred west between Guiney’s house and barn; affirmed the trial court’s finding that the boundaries between Lot 5 and Lot 7 were established by acquiescence; and affirmed the trial court’s finding that Guiney was judicially estopped from denying the existence of the 50-foot ROW outlined in the BLA. View "Town of Dunbarton v. Guiney" on Justia Law

In 1962, the United States began constructing various structures in and around the Catahoula Basin pursuant to a congressionally-approved navigation project under the River and Harbor Act of 1960 to promote navigation on the Ouachita and Black Rivers. In conjunction with that project, the State of Louisiana signed an “Act of Assurances,” which obligated the State to provide the federal government with all lands and property interests necessary to the project free of charge, and to indemnify the federal government from any damages resulting from the project. In 2006, plaintiffs Steve Crooks and Era Lea Crooks filed a “Class Action Petition to Fix Boundary, For Damages and For Declaration [sic] Judgment.” The Crookses alleged they represented a class of landowners in the Catahoula Basin whose property was affected by increased water levels from the project. Ultimately, the trial court certified the plaintiffs as one class, but subdivided that class into two groups – the “Lake Plaintiffs” and the “Swamp Plaintiffs” – depending on the location of the properties affected. The Louisiana Supreme Court granted certiorari in this case to determine whether the plaintiffs’ inverse condemnation claims for compensation against the State were prescribed under La. R.S. 13:5111 and/or 28 U.S.C. 2501. The lower courts relied on the decision in Cooper v. Louisiana Department of Public Works, 870 So. 2d 315 (2004), to conclude the one-year prescriptive period for damage to immovable property found in La. C.C. art. 3493 governed, and the continuing tort doctrine applied to prevent the running of prescription on the plaintiffs’ claims. The Supreme Court found the lower courts erred in relying on Cooper and held that the three-year prescriptive period for actions for compensation for property taken by the state set forth in La. R. S. 13:5111 governed and the plaintiffs’ inverse condemnation claims were prescribed. View "Crooks v. Dept. of Natural Res." on Justia Law

Gerald Aftem and Aftem Lake Developments Inc. (Aftem) appealed a district court judgment dismissing its lawsuit against the Riverview Homeowners Association. In 1998, Aftem purchased 10.69 acres of real property in Mountrail County. Aftem subdivided part of the property into three platted subdivisions; Arrowhead Point, Bridgeview, and Riverview Estates, collectively referred to as the Riverview Subdivisions. Each subdivision plat stated the roads and public rights of way were dedicated to the public. In 2015, the Riverview HOA developed and built a water utility system for the subdivisions. Portions of the water system were located underneath the platted subdivision roads. Aftem sued the Riverview HOA for trespass and negligence, alleging it did not have permission to run its water lines underneath the subdivision roads to which Aftem claimed ownership. Aftem claimed it owned the roads within the subdivision because, although the County Commission approved the plats, the County did not maintain the roads. Riverview HOA denied the allegations, claiming the County Commission’s approval of the subdivision plats divested Aftem of ownership in the subdivision roads. The district court granted Riverview HOA’s motion and concluded Aftem had no ownership interest in the subdivision roads. The North Dakota Supreme Court affirmed, finding Aftem’s subdivision plats satisfied N.D.C.C. section§ 40-50.1-01, 40-50.1-03, and 40-50.1-04. "The plats dedicated the use of the subdivision roads and public rights of way to the public forever. Thus, under N.D.C.C. 40-50.1-05, Aftem’s dedication of the subdivision roads and public rights of way divested Aftem of ownership in the roads." View "Aftem Lake Developments Inc. v. Riverview Homeowners Assoc." on Justia Law

The Rio Grande was one of only a handful of rivers that created critical habitat for plants, animals, and humans. “And it is a fact of life that not enough water exists to meet the competing needs.” Recognizing these multiple uses, Congress has authorized the Bureau of Reclamation and the Army Corps of Engineers to maintain a balance between the personal, commercial, and agricultural needs of the people in New Mexico’s Middle Rio Grande Valley and the competing needs of the plants and animals. WildEarth Guardians claimed the Army Corps of Engineers failed to protect the needs of two endangered species that live along the river: the Southwestern Willow Flycatcher and the Rio Grande Silvery Minnow. The group filed suit under the Endangered Species Act, arguing the Army Corps of Engineers failed to exercise its discretion and consult with the U.S. Fish and Wildlife Service (FWS) about alternative water management policies that would help protect these species. The district court concluded the Army Corps of Engineers was not authorized by the statute to allocate additional water to species’ needs and therefore was not required to consult with FWS. Finding no error in the district court’s reasoning, the Tenth Circuit Court of Appeals affirmed. View "WildEarth Guardians v. U.S. Army Corps of Engineers" on Justia Law

In Friends of Columbia Gorge v. Energy Fac. Siting Coun., 365 Or 371, 446 P3d 53 (2019), the Oregon Supreme Court held that the Energy Facility Siting Council had failed to substantially comply with a procedural requirement when it amended rules governing how it processes requests for amendment (RFAs) to site certificates that the council issued. The Court therefore held that the rules were invalid. In response to that decision, the council adopted temporary rules governing the RFA process. Petitioners contended that those temporary rules were also invalid. According to petitioners, the rules were invalid because the council failed to prepare a statement of its findings justifying the use of temporary rules. Petitioners also maintained that the council’s rules exceed the 180-day limit on temporary rules or otherwise improperly operated retroactively. After review, the Supreme Court disagreed with petitioners’ arguments and concluded the temporary rules were valid. View "Friends of Columbia Gorge v. Energy Fac. Siting Coun." on Justia Law

The City of Desert Hot Springs (the City) tried to abate a public nuisance by serving the owner of a dilapidated hotel/motel with notice that it was required to correct numerous building and safety violations. When the owner failed to timely correct the violations or apply for a permit to raze the building, the City sought a declaration that the building constituted a nuisance and, pursuant to Health and Safety Code section 17980.7(c), requested the appointment of a receiver to oversee the building’s rehabilitation. Instead of addressing the notice and opportunity given to the owner of the hotel/motel and the proposed receiver’s qualifications, the trial court here questioned the viability of the proposed receiver’s financial and construction plan. And, having concluded the plan made no economic sense because the value of the property after its rehabilitation would not exceed the costs of rehabilitation plus the additional costs associated with appointment of a receiver, the court denied the City’s request and subsequently dismissed the action. The Court of Appeal concurred with the City which argued the court exceeded its authority under section 17980.7(c). Therefore, judgment was reversed and the matter remanded for the trial court to reconsider the City’s request for appointment of a receiver. View "City of Desert Hot Springs v. Valenti" on Justia Law