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Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 3, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

First Circuit

Town of Johnston v. Fed. Housing Finance Agency, No. 13-2034 (Aug. 27, 2014): The court affirmed the dismissal of the municipalities’ claim that Fannie Mae and Freddie Mac failed to pay taxes on property transfers; the court found that statutory exemptions from taxation applied. As the court put it: “Six other circuits have recently considered this attempt to shoe-horn a transfer tax into a real property tax, and they have unanimously rejected the argument.”

Second Circuit

Holt v. Town of Stonington, No. 12-4878 (Aug. 29, 2014): The court found that plaintiff who challenged Town’s restrictions on her ability to build on her property failed to exhaust administrative remedies as required by Connecticut law.

Third Circuit Continue reading →

Posted in Monday Morning Review on July 16, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments, a couple days late this week:

Second Circuit

E.M. v. New York City Dept. of Ed., No. 11-1427 (July 11, 2014) (in IDEA case, concluding that district court improperly concluded that IEP was adequate by relying on retrospective evidence extrinsic to the IEP).

Fourth Circuit

Lefemine v. Wideman, No. 13-1629 (July 11, 2014) (reversing determination that successful plaintiff in 1983 First-Amendment case was not entitled to attorney’s fees). Continue reading →

Posted in Monday Morning Review on June 16, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Third Circuit

Rosano v. Township of Teaneck, No. 13-1263 (June 10, 2014) (in action by current and former police officers against Township alleging violation of Fair Labor Standards Act because it did not pay proper overtime and provide compensation for attending daily roll calls and putting on and taking off uniforms, affirming grant of summary judgment for Township).

Seventh Circuit

Garofalo v. Village of Hazel Crest, No. 12-668 (June 12, 2014) (in action by former police sergeants, both white, alleging that the Village discriminated against them based on race by promoting a black officer to police chief, affirming summary judgment for Village).

Posted in Monday Morning Review on March 24, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Third Circuit

Delaware County v. Federal Housing Finance Agency, No. 13-2163 (Mar. 18, 2014) (finding that Freddie Mac and Fannie Mae are exempt from paying real estate transfer taxes). The decision is consistent with recent decisions from the Fourth, Seventh, and Eighth Circuits.

Seventh Circuit

Mulholland v. Marion County Election Bd., No. 13-3027 (Mar. 20, 2014) (finding that federal-court abstention is not appropriate in case challening local election restrictions).

Posted in Monday Morning Review on February 10, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Second Circuit

Rosu v. City of New York, No. 13-243 (Feb. 7, 2014) (finding that the procedures of the New York City Commission on Human Rights satisfy due process).

Sixth Circuit

Reed v. Franklin County, No. 13-3119 (Feb. 6, 2014) (affirming summary judgment for County and county-jail officers in case alleging that officers used excessive force and violated privacy rights).

Posted in Monday Morning Review on February 5, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments*:

First Circuit

Pierce v. Cotuit Fire Department, No. 1301428 (Jan. 28, 2014) (affirming summary judgment against former employee who had claimed, among other things, that he was terminated in retaliation for First-Amendment activity).

Fourth Circuit

Montgomery County v. Federal National Mortgate Association, No. 13-1691 (Jan. 27, 2014) (affirming district court’s decision that general-tax exemptions applicable to Fannie Mae and Freddie Mac cover real-property transfer taxes, and that Congress had authority under the Commerce Clause to adopt the exemption). The Seventh Circuit addressed a related question in December.