Tag: state and local legal center

How “Qualified Immunity” Protects State and Local Officials

When it comes to “qualified immunity”, state and local governments have experienced a winning streak like no other. Since 1982, the Supreme Court has denied police officers qualified immunity in only two cases. In the last few years, the Supreme Court has reversed a handful of lower court cases denying police officers qualified immunity in

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Overtaxed? NLC Involved in State Income Tax Supreme Court Case

Every Supreme Court tax case comes down to an argument perhaps most familiar to small children: “it isn’t fair.” The State and Local Legal Center (SLLC)/International Municipal Lawyers Association (IMLA) amicus brief in Comptroller v. Wynne, which NLC joined, argues that the tax policy choice the Maryland legislature made is fair (or at least fair

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Paid to Wait: Supreme Court to Decide

Amicus briefs argue the sky is falling.  More specifically, amicus briefs often argue that a case is going to lead to a lot more litigation and cost someone a lot of money.  Sometimes the sky really isn’t falling or it is really hard to prove the sky might fall soon. But in Integrity Staffing Solutions

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Multiple Taxation Vexation

Taxpayers X and Y live in the same state and have the same income but Taxpayer X earns all of her income in-state while Taxpayer Y earns all of her income out-of-state. Taxpayer Y pays more in taxes because she pays income taxes out-of-state and pays a county income tax in her home state. Unfair?

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Unqualified Win in Qualified Immunity Cases

The Supreme Court resolves circuit splits (where federal circuit courts of appeals have decided the same issue differently) and isn’t an error correcting Court.  But you would not know that if you looked just at the Court’s two unanimous qualified immunity decided this week. State and local government officials can be sued for money damages

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Cell Tower Siting “In Writing” Requirement: Not What it Seems?

In T-Mobile South v. City of Roswell the Supreme Court will decide whether a letter denying a cell tower construction application that doesn’t explain the reasons for the denial meets the Telecommunications Act of 1996 (TCA) “in writing” requirement. T-Mobile applied to construct a 108-foot cell tower in an area zoned single-family residential.  The City

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NLC Supports Arkansas League before the Supreme Court

Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. To have a case before the United States Supreme Court is quite an honor for most lawyers, and Michael Mosley is no exception. On March 4th, Arkansas Municipal League Attorney Michael Mosley will argue a case

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NLC Joins “Rails-to-Trails” Supreme Court Brief

Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. Perhaps your city is fortunate and has extensive biking and recreational trails.  If so, have you ever wondered, where do bike paths come from? Many bike paths in the country come from abandoned railroad land grants or

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NLC Joins Public Safety Buffer Zone Case

Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. It looks like an abortion case…but it really isn’t.  It just happens to have come up in the abortion clinic context.   It’s actually a speech case; a time, place, and manner case.  And local governments use

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