Local Government Law

Predatory Lending Practices by Bank of America Corp

The U.S. Supreme Court recently heard oral arguments in a case involving alleged predatory lending practices by the Bank of America and whether a municipality, the City of Miami, may file a suit for economic damages under the Fair Housing Act (FHA). The City alleges that the bank’s predatory lending practices disproportionately affected minority communities….

Morrison v. County of Fairfax: Fire and Police Department Personnel Overtime

A recent case out of the U.S. Court of Appeals for the Fourth Circuit gives a detailed explanation of the rules regarding overtime pay for fire and police department personnel. In Morrison v. County of Fairfax, a group of over one hundred current and former fire captains brought suit against Fairfax County for the denial…

Texas City Annexation Procedures

Rapid population growth and aggressive annexation policies by Texas cities have extended municipal boundaries into areas that were once predominantly rural and dominated by agricultural land uses. In an effort to curb the ability of cities to annex legitimate farming operations and burden those uses with municipal regulations the Texas legislature in 2007 enacted House…

Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (FLSA) is a federal statute generally designed to protect workers who are unorganized or who lack bargaining power. The protections afforded individuals by the FLSA extend only to “employees.” The question whether one falls under the definition of employee is usually readily apparent. Most workers who are not…

Today in Horne Et al v. Department of Agriculture

Today in Horne Et al. v. Department of Agriculture the U.S. Supreme Court issued a ruling that the government must pay just compensation when it takes personal property from an owner, just as when it takes real property.  Purportedly to help maintain stable markets for agricultural products, the Agricultural Marketing Agreement Act of 1937 authorizes the…