State & Local News Vol. 21, No. 1, Fall 1997 Recent Developments Update What's HappeningUpdate By Peter A. Buchsbaum Peter A. Buchsbaum practices law with Greenbaum, Rowe, Smith, Ravin, Davis & Himmel in Woodbridge, New Jersey. This new column has been prompted by requests from the Section's membership for more information on recent legal developments affecting state and local governments. The column presents an editorial challenge. Even a cursory glance at U.S. Law Week, the Land Use Law Report, or Municipal Litigation Report reveals enough material to fill whole issues of this newsletter, let alone one page. For starters, therefore, we have decided to give brief notes about approximately five developments, with citations so that the reader can delve into the subject more closely. We welcome your feedback. We also welcome any news you have. You may send your updates either to State & Local Law News (see address on page 10) or you may e-mail the Recent Developments Editor, that is me, at pbuchsbaum@aol.com. We would be glad to credit any readers who send in such contributions except, of course, readers who wish to remain nameless because the update, perhaps, involves something bizarre or untoward with which they do not want to be associated. Can a Local Government Regulate Brown Bagging at Social Clubs? The Mississippi Supreme Court, by a 7-2 vote, has ruled that a state's comprehensive system of liquor regulations did not preempt a local government from banning possession of open containers of alcoholic beverages in commercial establishments between midnight and 7 a.m. Two clubs had argued unsuccessfully that only the state had the right to regulate alcohol in "wet" cities. Maynard v. City of Tupelo, 699 So. 2d 385 (Miss. 1997). Takings Legislation A proposed federal law, H.R. 1534, entitled the "Private Property Rights Implementation Act," attempts to clarify when a property owner has standing to bring suit in federal court alleging that its property has been taken by a state or local government. According to the August 20, 1997, issue of the Land Use Law Report, environmental and local government groups, including the International Municipal Lawyers Association, are opposing the bill, sponsored by California Republican House Member Elton Gallegly. Hearings before the House Judiciary Committee are expected this fall. No Dissolution Without Compensation This may seem obvious, but the Pennsylvania Commonwealth Court has enforced the requirement, evident in many state authority laws, that a local government may not dissolve a local redevelopment authority, or for that matter, any other local authority, without arranging for the payment or discharge of the entirety of the authority's debt obligations. The court further held that a municipal determination to dissolve one of its authorities was subject to judicial review. City of Chester v. Chester Redev. Auth., 686 A.2d 30 (Pa. Commw. Ct. 1006). City of Boerne Case Settled After scaling the jurisprudential mountain, the Roman Catholic Archbishop of San Antonio and the City of Boerne, Texas, have agreed to settle their dispute over the church's plan to make alternations in an historic structure. The settlement permits an addition to the rear of the church while maintaining 80 percent of it s external appearance, including its front facade. The settlement in Boerne came too late, however to save the Religious Freedom Restoration Act, which the Supreme Court struck down on June 24, 1997, as undue infringement upon state and local government's rights to pass neutral laws, such as historic preservation laws, which incidentally affect religious facilities or practices. [Based on an article in Land Use Law Report, August 6, 1997.] Apple Pie, Baseball, and Vending The sidewalks just outside the Colorado Rockies baseball stadium are a public forum, held the Colorado Supreme Court. Therefore, neither the baseball team nor the city could prevent vendors of non-official programs and scorecards from selling their publications in these sidewalks and walkways even though they had access to other public sidewalks in the area which were sufficient to reach 80 percent of the people entering Coors Field. Lewis v. Colorado Rockies Baseball Club, Ltd., No. 96SA.381 (Colo. 1997). Switch in Time Alabama has followed the lead of other states in holding that local governments have the right to rezone properties even after an application for development has been filed. A developer bought 6.2 acres zoned for duplexes and confirmed the zoning with the city. Confronted by neighborhood opposition, the city planning commission and the city council down-zoned the land to single family residential. The court held that the city was not estopped from changing its mind before it actually granted approval and that the rezoning was reasonable given the prevalence of single family uses in the area. Ex Parte City of Jacksonville, 693 So. 2d 465.