Disclaimer

Information contained on this website is not legal advice. Users should consult with their own attorney for legal advice. Transmission of the information contained on this site is not intended to create, and receipt does not constitute, a lawyer-client relationship between Beery Elsner & Hammond LLP, the author(s), and you.

Preserving Senior Housing vs. the Fair Housing Act

According to the Pew Research Center, since January 1, 2011 more than 10,000 Baby Boomers reach the age of 65 every single day.  According to various studies, the number of Americans over age 65 is expected to reach 71.5 million by 2030- twice their number in the year 2000.  Because of this . . . → Read More: Preserving Senior Housing vs. the Fair Housing Act

Individual City Councilors Do Not Have Independent Authority

Linn County Circuit Court recently issued a decision that, although only binding on the parties, has significance for local governments statewide.  The decision directly addresses the question of the scope of an individual city councilor’s authority with respect to access to city records and, by extension, other city functions. The question frequently . . . → Read More: Individual City Councilors Do Not Have Independent Authority

New ADA Title II Rules Now Effective

To ensure compliance with the Americans with Disability Act (ADA), as of March 15, 2012, all newly constructed or altered public facilities must comply with the requirements of the 2010 Standards for Accessible Design adopted in July 2010 by the U.S. Department of Justice. The new regulations include design standards that entities . . . → Read More: New ADA Title II Rules Now Effective

HB 4016 Creates Broad New Class of Mandatory Reporters

House Bill 4016, sometimes called the “Jerry Sandusky Bill,” was passed this month by both chambers of the Oregon Legislature.  The bill establishes a new, broader list of employees or volunteers of organizations providing child-related services or activities that are now subject to child abuse reporting requirements.  Some highlights include employees of . . . → Read More: HB 4016 Creates Broad New Class of Mandatory Reporters

Federal Law Impacts Local Zoning Rules for Wireless Facility Siting

The recent adoption of a new federal law, HR 3630, impacts local government restrictions on siting of wireless telecommunications facilities.  Under Section 332(c)(7) of the Telecommunications Act, local governments have broad authority to control the siting of cellular  and wireless towers, antennas, and other related facilities.  HR 3630 impacts local government zoning . . . → Read More: Federal Law Impacts Local Zoning Rules for Wireless Facility Siting

Nancy Werner Relocates to Illinois

Nancy is soon to be a resident of Illinois!  In March, she will relocate to the Chicago area with her family in support her husband’s promotion with a Chicago-based company.  Although physically located in Illinois, Nancy will continue her employment with BEH and her provision of outstanding legal services for BEH clients by telecommuting.  . . . → Read More: Nancy Werner Relocates to Illinois

Can Dollars and Cents Mitigate Development Impacts?

Elegant is not a word one generally associates with land use law. For instance, in attempting to mitigate the effects a given project has on neighbors and other stakeholders, many planning commissions have spent many a late (late) night attempting to divine whether a given project is “timely” or “reasonably compatible” with neighboring uses. . . . → Read More: Can Dollars and Cents Mitigate Development Impacts?

Death, Taxes and Annual Statements of Economic Interests

The old saying goes that the only things for certain in life are death and taxes.  Well, for many local government officials in Oregon, you can add the annual verified statement of economic interests (SEI) to that list.  Mostly, it is elected officials, members of planning commissions and the chief administrative officer of a . . . → Read More: Death, Taxes and Annual Statements of Economic Interests

Further “shot clock” developments

On January 23, 2012, the Fifth Circuit Court of Appeals affirmed the FCC’s “shot clock” order, but limited its effect.  The order allows providers to file suit in the event that a municipality takes longer than 90 – 150 days to act on cell tower zoning requests.

The court said if a municipality has . . . → Read More: Further “shot clock” developments

Amendments to Oregon Attorney General Model Public Contracting Rules Effective Now

Pursuant to Oregon law, the Oregon Attorney General’s office maintains a set of model public contracting rules. Those rules apply to local jurisdictions unless a jurisdiction opts out of some or all of the rules. Oregon law requires the Attorney General’s office to update the rules every two years.

The Attorney General’s office proposed . . . → Read More: Amendments to Oregon Attorney General Model Public Contracting Rules Effective Now