In 2018, the Colorado Water Conservation Board (the CWCB) published the current version of the State’s Drought Mitigation and Response Plan (the DMRP). Originally prepared in accordance with the Disaster Mitigation Act of 2000 (Public Law 106-390), and adopted by
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Tenth Circuit Upholds Denial of Preliminary Injunction Against Enforcement of Disturbing-the-Peace Ordinance
Earlier this month, the court held that the City of Norman, Oklahoma may enforce a disturbing-the-peace ordinance against anti-abortion protesters while their litigation claiming it violates the First Amendment is pending. The ordinance prohibits “disturb[ing] the peace of another .
Ohio Appeals Court Upholds Restrictions on Signage in the Public Right of Way
As a company that sells advertising space on benches in public areas, Bench Billboard Company has a long and storied litigation history against municipalities in Ohio and Kentucky. In this most recent iteration, the BBC challenged the constitutionality of Colerain
Ninth Circuit Holds California City’s Mobile Advertising Ban Content-Based, Subject to Strict Scrutiny
Simi Valley, California, like many cities, bans mobile advertising displays on public streets. It also, however, exempts certain authorized vehicles from the general ban. The district court considered that scheme a permissible content-neutral regulation of speech and dismissed plaintiff Bruce
Supreme Court Sides with Religious Institutions Against New York Restrictions on Worship Services
In a midnight per curiam opinion that generated several concurring and dissenting opinions, the Supreme Court recently enjoined the state of New York from enforcing certain COVID-19 restrictions against religious institutions. Although the injunction is limited to the pendency of
Eleventh Circuit Upholds Denial of Street Preacher’s Preliminary Injunction Motion
Earlier this year, the federal Court of Appeals for the Eleventh Circuit upheld a district court’s denial of a preliminary injunction requested by a street preacher who alleged that a county government had infringed upon his First Amendment rights.
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Florida City’s Special Use Restriction on Strip Clubs Held Unconstitutional
In a victory for plaintiff B&G Opa Holdings’s “Klub 24,” a federal district court recently struck down an ordinance used to shutter a strip club that briefly opened in a suburb north of Miami. Three months after an Opa-locka, Florida
IRS Updates Conservation Easement Audit Technique Guide
On November 25, 2020, the Internal Revenue Service (IRS) updated its Conservation Easement Audit Technique Guide with a revision date of November 9, 2020. The Guide is a reference document for IRS staff for the examination of charitable contributions of
City Council Approves Chaffee Park Rezoning
This week, the Denver City Council unanimously approved the rezoning of the entire Chaffee Park neighborhood to allow accessory dwelling units within the neighborhood. The approval will provide additional housing options in Denver and likely paves the way for similar
2020 Conservation Ballot Measures Approved in the Rocky Mountains
The Trust for Public Land (TPL) reports that 26 conservation measures supported by TPL in the 2020 election were approved by voters, amounting to nearly $3.7 billion in funding for land conservation, parks, climate resiliency and habitat. Four of these