On Tuesday, April 26, 2022, the Aspen City Council (the “Council”) voted to extend its residential moratorium on (i) any new land-use applications for development approval and (ii) certain building permits for residential uses. The original Ordinance #27 was enacted
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Fifth Circuit Remands Ban on Leafletting in Large Crowds
A few years ago, Joshua Herridge was waiting outside of a ZZ Top concert in Montgomery County, Texas, but unlike most people gathering near the event hall, he was not there to see the band. He was spreading his religious message by preaching, holding
U.S. Supreme Court Rules in Favor of Austin, Texas in Billboard Case, Upholds Off-Premises Sign Regulations
On Thursday, in the case of City of Austin v. Reagan National Advertising, a case on which we’ve previously reported, the U.S. Supreme Court ruled that the City of Austin, Texas’s off-premises sign regulations were permissible under the
Texas Drone Limitations Ruled Unconstitutional
Stepping beyond the strict confines of sign law this week, we turn to a Texas case exploring new boundaries in First Amendment law: regulations on drone footage. Late last month, the U.S. District Court for the Western District of Texas
Court Dismisses with Prejudice Complaint that Permit Denials were Unconstitutional
In 2021, the San Francisco International Arts Festival (“SFIAF”) and affiliated artist Nkechi Emeruwa were denied permits for two outdoor performance events due to city and state limitations on public gatherings implemented in response to the COVID-19 pandemic. Together, SFIAF
Cop Critic Prevails on Constitutional Claims in the 6th Circuit
Last month, the Sixth Circuit reversed a district court’s grant of summary judgment in favor of six Ohio police officers sued for unlawful arrest and retaliation against the free expression of protected speech.
In 2016, Michael Wood entered a county
6th Circuit Court Weighs in on Proceeds Clause in Conservation Easements and Creates Split with 11th Circuit Court
On March 14, 2022, the U.S. Court of Appeals for the 6th Circuit delivered its opinion in Oakbrook Land Holdings, LLC v. Commissioner regarding the proceeds clause in conservation easements. The court upheld the Tax Court’s ruling in determining that
Department of Justice Indicts Seven Related to Syndicated Conservation Easements
The Department of Justice announced March 1, 2022 that five tax shelter promoters and two appraisers have been charged with conspiracy to defraud the United States and other crimes arising from their promotion of syndicated conservation easements which the indictment
Colorado Division of Conservation Reaches $45 Million Tax Credit Cap for 2021
On February 25, 2022, the Colorado Division of Conservation announced that the 2021 conservation easement tax credit annual cap of $45 million has been reached for the first time since the cap was established in 2014. The Division Director Aaron
11th Circuit Rules Georgia County’s Halloween Warning Signs Unconstitutional
Before Halloween in 2018, the Butts County Sheriff’s Office placed signs in the front yards of registered sex offenders in the County, warning against trick-or-treating there. The next year, three registered sex offenders sued to enjoin County Sheriff Gary Long