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Local Government Law

by Kirk Fjelstul, ; James E. Elliott, Jr.

Mercer L. Rev., Vol.64 pp.213-1111, 2012 [Periódico revisado por pares]

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  • Título:
    Local Government Law
  • Autor: by Kirk Fjelstul, ; James E. Elliott, Jr.
  • Assuntos: Automatically; Restricting; Governments; Interpreted; Prohibition; Legislation; Termination; Exorbitant; Ordinances; Successors; Administrative Law; Civil Procedure; Constitutional Law; Criminal Law & Procedure; Governments; Labor & Employment Law; Tax Law; Torts; Transportation Law
  • É parte de: Mercer L. Rev., Vol.64 pp.213-1111, 2012
  • Descrição: ... The arguments revolved around the legislative distinction in the Act between roll-call and non-roll-call votes; roll-call votes required a record of all persons voting for and against the proposal. ... The court in Grady devoted the majority of its opinion to unraveling the history of Georgia's free speech standard, particularly in relation to Statesboro. ... The sign companies filed lawsuits contending that the ordinance was unconstitutional. ... It challenged the 2004 amended ordinance as well as most of the litigated claims related to asserted violations of RLUIPA and to violations of vested rights. ... The trial court in Covenant Christian Ministries ruled, and the Eleventh Circuit affirmed, that the 2004 amended ordinance prohibiting all religious institutions from the R-2 district violated the equal terms provision of RLUIPA because the ordinance treated religious institutions or assemblies on "less than equal terms with non-religious assemblies and institutions - namely private parks, playgrounds, and neighborhood recreation centers." ... Georgia's Constitution grants sovereign immunity to local governments and allows a waiver of immunity only to the extent provided by specific act of the General Assembly. ... � 40-6-6(d)(2) provides: When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officer's pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit ... . ... The County argued that there was no waiver of immunity in what, as a practical matter, would have been a "Catch-22" for the plaintiffs by pitting the immunity waiver's negligence standard against the reckless disregard standard required for liability in high-speed pursuits. ... It simply upheld the trial court ruling and relied on McCobb because the sheriff's immunity arguments were essentially the same as those it rejected in McCobb several months earlier.
  • Idioma: Inglês

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