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ABA Government Law News

State and Local

A 60-Second Update on What’s Happening

Vol. 1, #2, June 2004

E-permitting, save some money: About 50 % of all land use permits are non-discretionary.  Why not handle them electronically and while you’re at it set up a system that merges multiple jurisdictions?  Cities in King County, Washington (which includes Seattle), have done that (http://www.seattle.gov/dpd/permitdesk).  See Chris Steins, “E-Government & Planning Profiles: E-Permitting,” published by the American Planning Association (http://www.planning.org/egov/2004/may.htm).

Being sued on an outdated code? Amend it now and moot the case.  In Coral Springs Street Systems, Inc. v. City of Sunrise (11th Cir. 2004), the court said an amendment to a sign ordinance mooted a case. The opinion contains a thorough discussion of mootness.  It also discusses the law on permissible discrimination between commercial and non-commercial signs. (http://www.ca11.uscourts.gov/opinions/ops/200311497.pdf)

“A massive broadening of automobile search rights?” In United States v. Thornton, the Supreme Court, in a 7-2 decision, held that police officers could search an automobile which the driver had abandoned before he was arrested.  In dissent, Justice Stevens warned the holding will result in “a massive broadening” of automobile searches after the arrested, erstwhile occupants have been removed. (http://a257.g.akamaitech.net/7/257/2422/24may20041045/www.supremecourtus.gov/opinions/03pdf/03-5165.pdf)

Wetlands law since SWANCC:  In 2001, the Supreme Court invalidated the Corps of Engineers migratory bird rule as exceeding the Corps’ authority under the Clean Water Act.  Some hoped and others feared it would limit federal jurisdiction over wetlands.  Check out our overview of the hydrological connection conundrum and our up-to-date list of cases indicating how the lower courts have applied SWANCC.

Dubious findings of blight may enable property to be taken, but the requirement does give a property owner one weapon to resist eminent domain.   But, Massachusetts has a new statute that eliminates the need to find blight. See Scott Van Voorhis, “July Starts Law Easing Land Grab by Builders,” Boston Herald, June 16, 2004 (http://business.bostonherald.com/businessNews/view.bg?articleid=32033).  This news item appeared in the semiweekly email newsletter of PLANetizen, the Planning and Development Network, provided by Urban Insight, a superb resource for planning and zoning developments (http://www.planetizen.com/).

A great deal of information on state and local government is available from the federal government’s firstgov.gov website: census data, state finance statistics, grants, financial management, retirement systems, emergency preparedness, and more. (http://www.firstgov.gov/Government/State_Local.shtml)

Visit the Section website for Section programs. (http://www.abanet.org/statelocal/home.html)

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