Constitutional Cases
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Constitutional

Texas Court of Appeals, Eighth District (El Paso)
Uncategorized

City of El Paso v. Pickett — City’s “Environmental Franchise Fee” Was an Unlawful Tax, Eighth Court Holds

The Eighth Court of Appeals affirmed that El Paso’s monthly Environmental Franchise Fee—charged to all residential solid-waste customers and raised without cost studies to fund police and fire equipment—was an impermissible tax, not a legitimate regulatory fee, and that governmental immunity did not bar a refund because nonpayment was criminal.

Commonwealth Court of Pennsylvania
Uncategorized

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

England & Wales High Court (Planning Court)
Uncategorized

Glenbrook Industrial Ltd v Wigan Council — Failure to Republish Substitute Plans Does Not Invalidate Planning Permission Where Affected Landowner Knew the Issue Was Live

The High Court (Planning Court) dismissed a judicial review challenge to outline planning permission granted to a neighbouring developer, holding that the Council’s failure to publish substitute site access plans before determining the application was an irregularity but not a material unfairness, because the claimant had actual knowledge that the route of the estate road was a live issue and had made representations on it before the decision.

England & Wales High Court (Administrative Court)
Uncategorized

Adefidiya v Nursing and Midwifery Council — High Court Upholds Nurse’s Striking-Off for Multi-Year Pattern of Dishonesty and Clinical Failure

The High Court dismissed a nurse’s appeal against an NMC striking-off order, affirming the Fitness to Practise Committee’s findings of misconduct and lack of competence across multiple employers, and upholding the impairment finding and striking-off sanction where charges included premeditated dishonesty for personal financial gain and repeated breaches of conditions of practice.

Court of Civil Appeals of Alabama
Uncategorized

Monroe County Board of Education v. Turner-Pugh — Court Reinstates Termination, Finding Adequate Due Process Notice

The Alabama Court of Civil Appeals reversed a hearing officer’s order, holding that a school board provided adequate due process notice of a termination hearing by serving the employee’s attorney of record, and that internal miscommunication among the employee’s multiple lawyers did not create a constitutional violation.

Supreme Court of Iowa
Uncategorized

In re Ezra L. Totton Scholarship — Iowa Supreme Court Orders Reconsideration of Race-Restricted Scholarship Gift

The Iowa Supreme Court held that the Totton Scholarship’s race-based restriction is at least “impracticable” under UPMIFA following SFFA, requiring the district court to reconsider modification on a fuller record — but rejected the University’s proposed substitution of “first generation students” as unsupported by donor intent.

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