In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised a procedural hurdle for property owners pursuing challenges to unlawful permit conditions. Property owners who wish to contest a permit condition imposed by a state agency must delay any work on their project until final adjudication of the challenge.
In 2010, Barbara Lynch and Thomas Frick sought a permit to rebuild a seawall that protected their coastal homes from erosion and other natural hazards when a storm destroyed the original bluff protection. The Coastal Commission has a statutory duty to permit seawalls when necessary to protect homes and other existing structures on private property. [Read More]
Students at California’s religious colleges have dodged a very large caliber bullet . . . for now.
As explained in a prior blog post, earlier versions of California Senate Bill 1146 would have forced the state’s religious colleges to choose between following their faith and accepting students who receive state financial aid. [Read More]
The Supreme Court ruled 6-3 that the Federal Arbitration Act protected a binding arbitration clause against more stringent state regulations of arbitration like those adopted in California. Read more at The Los Angeles Times or our own blog post.
The Supreme Court also granted a temporary stay of an Alabama Supreme Court ruling, which declared a lesbian's parental rights springing from adoption of three children in Georgia were invalid in Alabama. Read more at SCOTUSblog.
Due to a law taking effect today, residents of Maine are no longer required to hold a permit in order to carry a concealed weapon. Read more at the Washington Times.
The Los Angeles Times reports that the LAPD underreported "serious assaults" as lesser crimes for an eight year period. This resulted, the paper claims, in an artificially low rate of violent crime for the city.
Governor Jerry Brown of California signed into law the state's "New Motor Voter Act," which automatically registers to vote those who obtain state driver's licenses or identification cards. The law is the second of it's kind; the Oregon Legislature passed a similar law in March. Read more at NPR.
Kansas Secretary of State Kris Kobach has announced plans to prosecute three voter fraud cases. These are the first cases Kobach has brought under new powers granted to him by the state legislature during the past session. Read more at the Wichita Eagle.
An appellate court in New Jersey has allowed a woman to continue her lawsuit against local police officers for injuries she sustained while in custody. The woman fractured her hip after falling out a chair multiple times while awaiting a breath test following a drunk driving arrest. A lower court had previously dismissed the case under the immunity provisions of the state's Tort Claims Act. Read more at USA Today.