EMPLOYMENT DISCRIMINATION: Fair food booth operator’s claim of retaliation for discrimination complaint properly dismissed for failure to establish prima facie case… HRB/Ulbricht affirmed (memorandum). [Read more…]
Zoning, large-scale water bottling plant in ag zone
ZONING: Large-scale water bottling plant properly held to be valid nonconforming use under agriculture zoning regulations… Allison affirmed. [Read more…]
Lakeshore Protection Act, bridge from high-water island
LAKESHORE PROTECTION ACT: Permit for bridge from high-water island to lakeshore improperly granted, bridge properly ordered removed and lakeshore restored… community association had standing to challenge permit but not entitled to fees under private AG or bad faith doctrines… Allison affirmed. [Read more…]
County growth policy, “property rights trump card”
COUNTY GROWTH POLICY: Alleged shortcomings in updating process do not rise to statutory or constitutional violation… “property rights trump card” lacks force of law, not unconstitutional… Ulbricht affirmed. [Read more…]
Prosecutorial discretion, mandamus
PROSECUTORIAL DISCRETION: Up to County Attorney whether to prosecute for alleged criminally negligent maintenance of truck exhaust… mandamus properly denied… Ulbricht affirmed (IOR I-3(d)). [Read more…]
Youth, §208 order modification, SIWC
YOUTH: §208 order correctly modified to eliminate parole eligibility requirement of MSP sex treatment of youth, now 21, who raped 3-year-old when 13, no error in not further removing from adult corrections system to allow Massachusetts program… Lympus affirmed. [Read more…]
Medical marijuana, caregiver-to-caregiver
MEDICAL MARIJUANA: 2009 MMA does not permit exchange, cultivation, manufacture of marijuana among caregivers… issues justiciable under UDJA, not mooted by 2011 amendments, as Plaintiffs charged or could be charged under 2009 MMA… Stadler affirmed. [Read more…]