Memorize Flashcards
What do you say when your LG has proposed crazy exactions to Applicant Developer?
MEMORIZE ----------- LG’s demands upon a land-use permit applicant- (1) must satisfy the requirements of Nollan and Dolan i.e. nexus (2) even when LG denies the permit & (3) even when its demand is for money. ----------- Koontz
If Charter Counties can tax for municipal services w/i a City & for MSTUs w/i a City, what 2 things keep that fair for the City HOs?
MEMORIZE
1) Dual tax limited to requested REAL & SUBST BENE.
* note, not direct*
2) Never exceed 20 mills.
IMPACT FEE ----------- New 2021 - ----------- What are the repercussions of new definitions of "infrastructure” and “public facilities."
IMPACT FEE ----------- New 2021 - ----------- Impact fees may be utilized only for: (a) Fixed capital expenditures or (b) Fixed capital outlays for major capital improvements.
What’s the jingle most often used for VCB?
To Promote a VASE @ the MET (Mainly as Evidence to Tourists).
—————
To promote & advertise tourism in this state and nationally and internationally;
however
if used for an activity service, venue or event
it must have one of its main purposes the attraction of tourists
as evidenced by the promotion of it to tourists.
FS 166.231, Pub. Serv. Tax or ‘municipal utility tax,’ who can impose?
Munis. AND case law extended to Charters. [bott wtr]
Concurrency - MANDATORY inclusions
It’s Mandatory the Current Level of the Water is Safe for the Transport of School of fish
- Water (W, WW & Drainage) + Safety (police, fire, ems, health)
- Level of Service Stds.
- State mandates for transp + schools.
What is Court’s standard re: LDRs + Land Use restrictions?
Presumptively valid if consistent w/ CP or bears a rational relationship to a legitimate public purpose.
State the 5 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?
1) PL is entitled to some const rt (ex med care). Wants to hold LG liab under 1983 for violation of rights under Due Process Clz of 14th Amend.
- ———-
2) DP under 14th - deprive L,L,P w/o dp
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3) 1983 - Person depriving another of constitutional rights under color of law.
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4) LG
(a) “person” under 1983
(b) not be liab on respondeat superior.
(c) liab only when policy or custom inflicts injury.
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5) Policy
(a) express, widespread practice, final policy making authority, i.e., deliberate choice of LG,
(b) constructive knowledge, thus showing indifference
(c) cz of injury.
What are LG’s defenses to 14th Amendment, subst dp?
LEO - CONST
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
What’s 3 UNIQUE things about 1983?
42 USC 1983
- Only Officials acting under color of law.
- Official’s act (its custom/policy) = cz.
- No respondent superior (can’t sue b/c LG employed a discriminator.)
~confirmed.
- No Resp Sup. Why? b/c sue only for custom or policy (focus on the entity).
- Only sue individs in their official capacity.
State the 4 part LEO 14th amend analysis.
B. Stop w/ Qualified. Discretionary, clearly estab rt (14th A)
———–
C. Defenses.
(1) More definite avail.
(2) Public purp, not egregious, arbitrary.
(3) Failure to assert 42 USC 1983
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D. Pairs Well w/ State Tort – Intended to Inflict ROC to person.
Re: NEGLIGENCE FOR FAILURE TO TRAIN/SUPERVISE. ----------- State: (a) 4 elements. (b) 2 defenses.
ELEMENTS: A. Duty reas care. B. Breach. C. Breach = prox cz. D. Dmgs. ----------- DEFENSES: A. No Duty to all. PL must allege undertook spec duty. B. Sov. Imm. = *PL must allege Operational /Implementation*
CONSTITUTIONAL ----------- 14th Amendment ----------- State the 5 elements of an Equal Protection claim.
Elements:
1. Deprivation of a constitutionally protected right.
2. Deprivation occurred under color of State law.
3. Injury in fact sustained due to the deprivation.
4. The Def is not immune from suit.
5. More than nominal damages have been sustained.
What does Circuit Court look at when validating bonds?
Circuit Court checks:
(1) Purpose legal,
(2) lg has the Authority to issue,&
(3) Has complied with the requirements of Law.
(4) ~ if there is an interlocal:
Validity of interlocal obligating LG payments (lease/purchase) (caselaw)
Determines:
Validity of the bonds, validity of the revenue pledge
CONSTITUTIONAL ----------- 14th Amendment ----------- State the 5 elements of an Equal Protection claim.
Elements:
1. Deprivation of a constitutionally protected right.
2. Deprivation occurred under color of State law.
3. Injury in fact sustained due to the deprivation.
4. The Def is not immune from suit.
5. More than nominal damages have been sustained.
