Capitol Comments

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

The issue the Supreme Court will decide in City of Arlington & Cable, Telecommunications, and Technology Committee v. FCC is whether courts should defer to a federal agency’s determination that it has authority to interpret a statute.   If this issue seems a bit esoteric, the facts of the case help illustrate what is at stake for state government. 

For the third time in two Supreme Court terms, the Court will decide a Medicaid case.  While Delia v. E.M.A. isn’t nearly as big of a deal as the Affordable Care Act case, it is significant for a least two reasons, from the perspective of state government.  First, the case involves preemption of a state statute.  Second, during a time when Medicaid costs are skyrocketing, this case will affect states’ ability to...

If you did, you may view and listen to a recording of the webinar here:  https://www2.gotomeeting.com/register/938598930

In this webinar Lisa Soronen, SLLC Executive Director, discusses the most important cases accepted so far affecting state and local government including four environmental cases, four Fourth Amendment search cases, a Chevron deference case, and a voter registration case out of Arizona; a few of the Court’s likely big grants (same sex marriage, constitutionality of Section 5 of the Voting Rights Act, Fair Housing Act disparate impact claims); and the Court’s most prominent grant to date (a challenge to the University of Texas-Austin’s affirmative action program). 

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