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
- ———-
3) 1983 - Person depriving another of constitutional rights under color of law.
- ———–
4) LG
(a) “person” under 1983
(b) not be liab on respondeat superior.
(c) liab only when policy or custom inflicts injury.
- ———-
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
———–
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.
TIME ----------- State 4 routes for review of a: a) Legis decision [based on CP] vs. b) Q-J decision [based on Code]
Legis. de novo dec, circuit, arb/cap v. fairly deb/pub purp. OR local process ----------- Q-J. writ of cert, pro/correct/subst. comp. OR FLUEDRA
Must each of the 4 elements be present to establish assault?
only an ASS Threatens the CIA. ----------- Yes. Ex. If PL not in fear, no assault. ----------- (1) Intentional (2) Threat of bodily injury to another (3) Creating fear of imminent peril (4) Apparent present ability for Def to carry out threat.
COMM DEV 190.005 ----------- What are the 11 items are required to create a Comm Dev district? [*not a cra under 163*] ------------ BONUS - include 2 pertinent #s
5 Mbrs placed 2.5k BETs on the New Mexico CUP ----------- 5 Mbrs / 2.5k acres ----------- Boundaries Estimated costs Timeline for construction ----------- $15k ----------- Name Map ----------- Consent Use Petition
Sheriff in pursuit crashes a 3rd party. What 3 things wd you argue to win SJ?
He ‘wrecked’ - recklessly forced policy.
—————
1) Act not so reckless to constitute disregard for HWS
2) Acting in accord w/ written policy.
3) Officer had reason to believe fleeing vehicle committed a forcible felony.
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Ross v. City of Jax, 274 So. 3d 1180 (Fla. 1st DCA 2019).
Goner leaves Old Firm. What are responsibilities of:
OLD FIRM v. NEW FIRM
~~~OLD can rep mat adv!!!~~~
Old folks CAN be Materially Adverse EXCEPT when Remaining on a CRUS.
———–
NEW
hey New, NO CRIMeS by U
———–
Old CAN rep materially adverse EXCEPT when remaining attys have Confid, Reveal, Use, or Same matter.
———–
New Firm is blocked if New atty or Old firm rep’d Materially Adv + new atty cd Use, Reveal, Confid. + Same
In Eminent Domain, state difference between Severance damages & Business damages.
SEVERANCE ----------- Dmg to Remainder: More land-oriented. --- ex. cost of relocating improvements on remainder. ----------- Business: More market oriented. --- ex. actual or prospective lost profits caused by the taking of a part of the property.
8 step approach.
Assess my Peculiar Benes, w/ No Regard to Distinguish My NAUsea ----------- (1) A peculiar form of tax. Fisher. (2) Special Bene + Apportioned. (3) No regard to valuation. (4) Distinguished from AV, so no referendum. (5) Money Handling. (6) New limits. ----------- (7) Authority to issue? COUNTIES (a) Ch 153 - spec ass + bonds for water/ww (b) Ch 125 - pass ordinance (c) Home Rule [Chrt: not inconst/N-C: as provided] --- MUNIS (a) Ch 170 - city for water/ww (b) Home Rule - pass Ordinance. [govtl, corp, proprietary pwrs to conduct govt, perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.] ---------- (8) UMC - 197.3632 place on tax bill
ESSAY ----------- Typical Bond Q CORE ----------- 8 step essay approach.
Bonds Power Advantage Purposeful Types to Impede a BvRA
- I.D. Powers - Art. 8(1)(g)+(f) + 8(2)(b)+(c). Art. 7(12).
- Advantages to Bonds - reciprocal immunity, low interest
- Public Purpose? - econ dev.. If not = dev’s burden.
- Types - creditworthiness v. project.
- Impediments - CCSTOP.
- Bond Validation - my PAL Validates me.
- Referendum.
- spec. Assmts.
