WA Court of Appeals Finds Policy in City’s Comprehensive Plan Regarding Commercial Uses in Industrial Areas Did Not Apply to Centers and Shelters

This post was authored by Matthew Loescher, Esq.

In 2018, the City of Puyallup adopted the Puyallup Municipal Ordinance (PMO) 3179, which established a new chapter of the Puyallup Municipal Code—chapter 20.72 (PMC 20.72). This new code chapter restricted the sites of day use centers and overnight shelters serving people experiencing homelessness within the City. The ordinance permitted such centers and shelters only in industrial zones in a small corner of the City that was distant from any services and had almost no access to transit. Siting anywhere else in the City required approval from a majority of Puyallup’s city

PA Supreme Court Holds Municipalities Have No Duty to Review and Revise Zoning Ordinances or to Rezone for a Particular Use Where a Property Owner’s Use is

This post was authored by Matthew Loescher, Esq.

Charlestown Township, a municipality in Chester County, enacted a zoning ordinance that permits outdoor, off-premises advertising signs in a particular district. A statewide regulation concerning roadside billboards promulgated by the Pennsylvania Department of Transportation (“PennDOT”) had the practical effect of barring that use. The property owner Charlestown Outdoor, LLC appealed the decision of the township zoning board, which denied the property owner’s challenge to the validity of the township’s zoning ordinance that permitted the construction of billboards in the zoning district. The Court of Common Pleas, Chester County, affirmed the zoning board’s

NORFOLK SOUTHERN SHAREHOLDER ALERT BY FORMER LOUISIANA ATTORNEY GENERAL: KAHN SWICK & FOTI, LLC REMINDS INVESTORS WITH LOSSES IN EXCESS OF $100,000 of Lead

NEW ORLEANS, April 14, 2023 /PRNewswire/ — Kahn Swick & Foti, LLC (“KSF”) and KSF partner, former Attorney General of Louisiana, Charles C. Foti, Jr.reminding investors that they have until May 15, 2023 to file lead plaintiff applications in a securities class action lawsuit against Norfolk Southern Corporation (NYSE: NSC), if they purchased the Company’s shares between October 28, 2020 and March 3, 2023, inclusive (the “Class Period”). This action is pending in the United States District Court for the Southern District of Ohio.

KSF (PRNewsfoto/Kahn Swick & Foti, LLC)

What You May Do

If you purchased shares of Norfolk and

Eleventh Circuit Court of Appeals Dismisses First Amendment Challenges to Adult-Entertainment Ordinance

This post was authored by Matthew Loescher, Esq.

In 2003, the City of Augusta, Georgia enacted an adult-entertainment ordinance with the stated purpose of combating negative secondary effects associated with adult-oriented businesses. The owners and operators of two longstanding nude-dancing clubs in downtown Augusta, the Discotheque Lounge and Joker’s Lounge, sued the City and others claiming that the ordinance and related regulations violated the First Amendment. The district court granted summary judgment to the City on some claims and held that the plaintiffs lacked standing on other claims, and this appeal followed.

On appeal, Plaintiffs first argued that the 2003

Fed. Dist. Court in NY Allows Intervenor Status to Challenge Wireless Facility

This post was authored by Sebastian Perez, JD

Proposed intervenors sought to challenge AT&T’s application for a wireless facility at St. Peter’s chapel (the “Chapel”) as violative of the Telecommunications Act of 1996 (“TCA”). The judge had previously ordered Plaintiff’s and Defendant’s proposed settlement agreement (“Settlement Agreement”), but the Court granted the Proposed Intervenors’ motion (the “Motion”) finding all of the factors in FRCP 24(a)(2) governing intervention were met: (1) timeliness of the motion; (2) the movant’s interest related to the property or transaction that constituted the subject of the action; (3) absent intervention, the movant’s ability to protect its

Defense attorney in YSL RICO trial asks for more money

Jury selection continues in the YSL RICO case in Fulton County on April 12, 2023. (FOX 5)

Some of the court-appointed defense attorneys in the YSL racketeering and gang trial involving rapper Young Thug and more than a dozen other defendants say they are not getting paid nearly enough.

One of the attorneys has asked the court to withdraw from the Young Slime Life case.

Angela D’Williams says the pay is “egregiously low for the amount of work and attention this trial requires.” She says the state’s public defender council denied her request for a pay increase.

Seventh Circuit: Madison, Wisconsin’s “Advertising Sign” Regulation Passes Constitutional Muster after City of Austin

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission

The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. The city of Austin is flowing in, and local governments may perhaps breathe a sigh of relief: normalcy has returned. Just last week, the Seventh Circuit upheld Madison, Wisconsin’s regulations on “advertising signs,” the definition of which used the same on/off-premises distinction at issue in City of Austin.

The story there was typical of the genre. Madison has regulated billboards since at least the

Fed. Dist. Court in ND Says No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission.

The Federal District Court for the District of North Dakota denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.

The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix is ​​considered itself just another eligible retailer to locate downtown. City officials disagreed, saying that Romantix’s business of selling sexual devices instead made it an