Demonstrators gather for Heathrow expansion court challenge
Attorney News | 2019/03/09 15:49
A challenge against British government plans to expand Heathrow Airport through the construction of a third runway has begun in one of the country's highest courts.

A coalition of local councils, environmentalists and London residents claim the government has failed to properly address the impact on air quality, climate change, noise and congestion that expansion would bring.

London Mayor Sadiq Khan is also backing the lawsuit. Demonstrators gathered outside the High Court on Monday for the first day of a two-week hearing.

Parliament approved plans last year for the third runway, backing what the government described as the most important transportation project in a generation.

Prime Minister Theresa May has said the expansion will boost economic growth.



Court: $700M judgment against North Carolina still unpaid
Headline Legal News | 2019/03/08 01:49
A North Carolina judge has affirmed that a court judgment issued more than 10 years ago stating school districts are owed over $700 million in civil penalties from several state agencies is still nearly all unpaid.

The order signed Wednesday by Wake Superior Court Judge Vince Rozier ends a lawsuit filed last summer by the North Carolina School Boards Association and many local boards.

But Rozier's ruling makes clear he can't direct how and when the General Assembly should pay because of constitutional limitations. The school districts hope the new litigation will revive efforts to get lawmakers to repay the $730 million.

At issue were fees collected by agencies for late tax payments, overweight vehicles and other items that never got forwarded to schools, as the state constitution required.



N Carolina court: State retirees should pay health premiums
Opinions | 2019/03/06 01:49
A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.

A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.

Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.

The State Health Plan covers more than 700,000 employees, retirees and their dependents.


Oregon's high court: Developers can't offset harm to farmers
Attorney News | 2019/03/04 06:37
The Oregon Supreme Court has ruled that negative impacts on Oregon's farmers from non-farm development can't be offset by making payments.

The Capital Press reported Friday that the court also ruled this week that it's not enough for a development to avoid taking away agriculturally-zoned land. A project also can't change costs or agricultural practices for farmers.

The ruling settles a lawsuit filed over a planned expansion of a landfill in Yamhill County that would affect nearby farms and orchards.

Waste Management, the owner of the Riverbend Landfill, is reviewing the Oregon Supreme Court's ruling.



Court upholds car rental tax imposed in Maricopa County
Legal Topics | 2019/02/26 07:31
The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal.

Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways.

A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies.

But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling.

The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage.

The surcharge is charged on car rental companies, but the costs are passed along to customers.

Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case.


High court deciding fate of cross-shaped Maryland memorial
Court Watch | 2019/02/25 15:31
The Supreme Court this week is hearing a case challenging the location of a nearly 100-year-old, cross-shaped Maryland war memorial.

Three area residents and the District of Columbia-based American Humanist Association argue the cross' location on public land violates the First Amendment's establishment clause. The clause prohibits the government from favoring one religion over others. They argue the cross should be moved to private property or modified into a slab or obelisk.

The cross' supporters say it doesn't violate the Constitution because it has a secular purpose and meaning: commemorating World War I veterans. The cross' base lists the names of 49 area residents who died in the war.

The American Legion and Maryland officials are defending the cross. They have the support of the Trump administration and 30 states.



Court records reveal a Mueller report right in plain view
Attorney News | 2019/02/24 15:33
The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertain the thought for a moment.

“Russia, if you’re listening,” said Trump, looking directly into a television camera, “I hope you’re able to find the 30,000 emails that are missing” — messages Clinton was reported to have deleted from her private email server.

Actually, Russia was doing more than listening: It had been trying to help Republican Trump for months. That very day, hackers working with Russia’s military intelligence tried to break into email accounts associated with Clinton’s personal office.

It was just one small part of a sophisticated election interference operation carried out by the Kremlin — and meticulously chronicled by special counsel Robert Mueller.

We know this, though Mueller has made not a single public comment since his appointment in May 2017. We know this, though the full, final report on the investigation, believed to be in its final stages, may never be made public. It’s up to Attorney General William Barr.

We know this because Mueller has spoken loudly, if indirectly, in court — indictment by indictment, guilty plea by guilty plea. In doing so, he tracked an elaborate Russian operation that injected chaos into a U.S. presidential election and tried to help Trump win the White House. He followed a GOP campaign that embraced the Kremlin’s help and championed stolen material to hurt a political foe. And ultimately, he revealed layers of lies, deception, self-enrichment and hubris that followed.


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