The Georgia Court of Appeals affirmed the dismissal of a personal injury action against the City of Atlanta, holding that sending an ante litem notice to the correct street address but the wrong suite number did not substantially comply with OCGA section 36-33-5(f).
The Washington Court of Appeals, Division I, reversed a hearing examiner’s dismissal of SEPA appeals challenging the adequacy of the FEIS for Seattle’s “One Seattle Plan,” holding that state housing reform appeal prohibition statutes (RCW 36.70A.600(3) and RCW 36.70A.680(3)) bar challenges to adopted housing-increasing planning actions but do not bar pre-decisional administrative appeals of FEIS adequacy under SEPA before the City Council votes on the underlying plan.
The Eighth District reversed judgment on the pleadings for the City of Cleveland, holding that the discovery rule applies to the two-year statute of limitations for political subdivision tort claims and that immunity questions cannot be resolved on the pleadings when the relevant facts are in dispute.
The Second Court of Appeals upheld Fort Worth’s zoning restrictions confining short-term rentals to designated areas, rejecting constitutional challenges from property owners operating STRs in residential districts.
The Ninth District reversed a contempt finding, holding that community control violations in misdemeanor cases cannot be prosecuted as criminal contempt under R.C. 2929.25 and that the trial court lacked authority after community control expired.
The Ninth District reversed summary judgment for the City of Hudson, holding that a termination clause in an MOU requiring good-faith negotiation of a commercially reasonable termination may be an enforceable agreement to negotiate under Ohio law.
The Eleventh District dismissed a mandamus petition challenging a city’s billboard moratorium, holding that the relator failed to name the building administrator (the individual with the duty to act) and that the city building department, as a non-sui juris entity, could not be a mandamus respondent.