State & Local Government Law

SCOPE AND EMPHASIS:  This is an introductory, "survey" course about municipal corporations and their creator, the state.  We will follow the casebook's emphasis on the "national" perspective, devoting some time as appropriate to Pennsylvania law.

REQUIREMENTS:  (1)  Students should read the casebook according to the above schedule and should be prepared to recite oral briefs and answer questions in class.  (2)  Students should check the course TWEN page periodically for announcements and other information posted by the instructor or by other students.  (3)  Students will take a traditional, in-class, closed-book final examination consisting of four essay questions, each weighted equally.  The questions will be based on issues raised in the casebook and/or supplement and/or class discussion.

ATTENDANCE:  The ABA and Widener University policy is that students must attend at least 80% of all classes without exception.  No excuses can be accepted for failing to meet this residency requirement.  This means that every student must attend a minimum of 22.4 classes.  Any student who is absent for 5.7 or more classes will receive a course grade of "IW" (Involuntary Withdrawal); the instructor will endeavor, but does not guarantee, to notify students who are approaching this limit.  Arriving late or leaving early is counted as a partial absence.  A student who misses the roll call at the beginning of class is irrebuttably presumed to be absent unless he/she makes his/her presence known to the instructor immediately after class.

COMMUNICATION:  Students are encouraged to contact the instructor at any time, either privately via email or phone, or publicly via the TWEN bulletin board for the course.  Individual meetings can be arranged on campus or at the Capitol.

GRADING:  The course grade will be determined by the grade received on the final examination, which may be raised or lowered by one grade (e.g., from B+ to A-, or from C to C-) on the basis of the student's class participation.  The instructor will be available in January to review the final exams with any student who is interested and to suggest means for improvement in writing successful essay answers.

City of Tualatin (196):  Unsuccessful attempt to use procedural defect to undo annexation.

Sonoma (269):  Wages paid charter-county employees is local concern, not state legislative.

City of Miami Beach (290):  Building codes within jurisdiction of home-rule county, not city.

City of LaGrande (298):  Local-government pension benefits is matter of statewide concern.

City and County of Denver (303):  Local income tax is prohibited by constitutional uniformity.

Weekes (343):  Local fee of 1% of gross receipts is not an income tax barred by statute.

Ferraro (417):  Transfer of taxing power over property does not also transfer zoning power.

Frazer (458):  Differential tax of city and suburbs does not violate constitutional uniformity.

Miami Shores (459):  Court must decide what functions are county affairs vs. "purely local."

Hess (460):  Interstate-compact corporation lacks 11th Amendment immunity.

Eastern (460):  Authority consented to N.J. jurisdiction by contracting with Camden.

Chemical (696):  Ultra vires for municipalities to join bond-issuing joint operating agency.

I.  SUBSTANTIVE DUE PROCESS VIOLATION?

     A.  Legitimate public purpose (problem)?

     B.  Means are reasonably necessary (solve problem)?

     C.  Not unduly oppressive?

              "No" to any one = S.D.P. violation (void, but no $).

II.  TAKING?

     A.  Merely prevents public harm (vs. provides public benefit)?

          1.  If yes, then no taking.

          2.  If no, then go on to B.

     B.  Does it deny a fundamental attribute of ownership?

          1.  If no, then no taking.

          2.  If yes, then go on to C.

     C.  Substantially advance legitimate state interest?

          1.  If no, = taking (end analysis; pay $).

          2.  If yes,

               a.  Facial (denies all economically viable use), = taking.

               b.  In application (regulate public health, safety, environment, fisc)?

                    (i)  If no, = taking.

                    (ii)  If yes, does it destroy fundamental attributes of ownership?

                         (a)  If yes, = taking.

                         (b)  If no, then no taking (but may violate S.D.P.).

Auxiliary Police (Act of 14 January 1952, P.L. [1951] 2016, § 1) . . . 53 P.S. § 731

Board of Revision of Taxes [Philadelphia] (Act of 1939, P.L. 1199) . . . 72 P.S. § 5341.1a

Borough Code (Act of 1 February 1966, P.L. [1965] 1656, No. 581) . . . 53 P.S. § 45101

Child Labor Law [e.g., junior firefighters] (Act of 1915, P.L. 286 . . . 43 P.S. § 41

County Code [3rd to 8th class counties] (Act of 1955, P.L. 323) . . . 16 P.S. § 101

County Pension Law [2nd-A to 8th class] (Act of 1971, P.L. 398, No. 96) . . . 16 P.S. § 11651

Death Benefits for Firefighters, etc. (Act of 1976, P.L. 424, No. 101) . . . 53 P.S. § 891

Eminent Domain Code (Act of 22 June 1964, Sp. Sess., P.L. 84) . . . 26 P.S. § 1-101

First Class City Government Law (Act of 25 June 1919, P.L. 581) . . . 53 P.S. § 12101

First Class Township Code (Act of 24 June 1931, P.L. 1206) . . . 53 P.S. § 55101

Foreign Casualty Insurance Tax Distribution (Act of 1943, P.L. 259) . . . 72 P.S. § 2263.1

Foreign Fire Insurance Tax Distribut. (Act of 1984, P.L. 1005, No. 205) . . . 53 P.S. § 895.701

Fourth to 8th Class County Assessment Law (Act of 1943, P.L. 571) . . . 72 P.S. § 5453.101

General County Assessment Law (Act of 22 May 1933, P.L. 853) . . . 72 P.S. § 5020-101

Governmental Immunity (Act of 5 October 1980, P.L. 693, No. 142) . . . 42 Pa.C.S. § 8501

Home Rule Charter and Optional Plans (Act of 1972, P.L. 184, No. 62) . . . 53 P.S. § 1-101

Housing and Redevelopment Assistance Law (Act of 1949, P.L. 1633) . . . 35 P.S. § 1661

Housing Authorities Law (Act of 28 May 1937, P.L. 955, § 1) . . . 35 P.S. § 1541

Incorporated Towns [Bloomsburg] (Act of 22 April 1903, P.L. 247) . . . 53 P.S. § 53101

Intergovernmental Cooperation [COGs] (Act of 1972, P.L. 762, No. 180) . . . 53 P.S. 481

Local Agency Law [administrative] (Act of 1978, P.L. 202, No. 53) . . . 2 Pa.C.S. § 101

Local Economic Revitalization Tax Ass. (Act of 1977, P.L. 237, No. 76) . . . 72 P.S. § 4722

Local Government Unit Debt Act (Act of 1972, P.L. 781, No. 185) . . . 53 P.S. § 6780-1

Local Tax Collection Law (Act of 25 May 1945, P.L. 1050, § 1) . . . 72 P.S. 5511.1

Local Tax Enabling Act (Act of 31 December 1965, P.L. 1257, No. 511) . . . 53 P.S. § 6901

Municipal Claim and Lien Law (Act of 16 May 1923, P.L. 207, § 1) . . . 53 P.S. § 7101

Municipality Authorities Act of 1945 (Act of 1945, P.L. 382, § 1) . . . 53 P.S. § 301

Municipal Police Officers' Education (Act of 1974, P.L. 359, No. 120) . . . 53 P.S. § 740

Municipal Police Pension Law (Act of 1956, P.L. [1955] 1804, No. 600) . . . 53 P.S. § 767

Neighborhood Assistance Act (Act of 29 November 1967, No. 292, § 1) . . . 62 P.S. § 2081

Penna. Municipalities Planning Code (Act of 1968, P.L. 805, No. 247) . . . 53 P.S. § 10101

Pennsylvania Municipal Retirement Law (Act of 1974, P.L. 34, No. 15) . . . 53 P.S. § 881.101

Police Tenure Act [boroughs and townships] (Act of 1951, P.L. 586) . . . 53 P.S. § 811

Public Official and Employee Ethics Law (Act of 1978, P.L. 883, No. 170) . . . 65 P.S. § 401

Real Estate Tax Sale Law (Act of 7 July 1947, P.L. 1368, No. 542) . . . 72 P.S. § 5860.101

Right to Know Law [records] (Act of 1957, P.L. 390, No. 212, § 1) . . . 65 P.S. § 66.1

Second Class City Law (Act of 7 March 1901, P.L. 20, art. XX) . . . 53 P.S. § 22101

Second Class County Assessment Law (Act of 1939, P.L. 626, No. 294) . . . 72 P.S. § 5452.1

Second Class County Code (Act of 28 July 1953, P.L. 723, No. 230) . . . 16 P.S. § 3101

Second Class Township Code (Act of 24 June 1931, P.L. 1206) . . . 53 P.S. § 65101

Special Fire Police (Act of 18 June 1941, P.L. 137, § 1) . . . 35 P.S. § 1201

Statutory Construction Act of 1972 (Act of 1972, P.L. 1339, No. 290) . . . 1 Pa.C.S. § 1501

Sterling Act [Philadelphia] (Act of 1932 [Ex. Sess.], P.L. 45) . . . 53 P.S. § 15971

Sunshine Act [public meetings] (Act of 3 July 1986, P.L. 388, No. 84) . . . 65 P.S. § 271

Tax Reform Code of 1971 (Act of 4 March 1971, P.L. 6, No. 2, art. I) . . . 72 P.S. § 7101

Third Class City Code (Act of 23 June 1931, P.L. 932, art. I) . . . 53 P.S. § 35101

Third Class County Assessment Board Law [2nd-A & 3rd class counties] . . . 72 P.S. § 5342

Uniform Mileage Act [fees] (Act of 20 July 1979, P.L. 156, No. 51) . . . 65 P.S. § 371

Urban Redevelopment Law (Act of 24 May 1945, P.L. 991, § 1) . . . 35 P.S. § 1701

Volunteer Fire Company, Ambulance (Act of 1976, P.L. 1036, No. 208) . . . 72 P.S. § 3943.1

Volunteer Firemen Job Protection (Act of 1 Dec. 1977, P.L. 249, No. 83) . . . 43 P.S. § 1201

Volunteer Firemen's Relief Association (Act of 1968, P.L. 149, No. 84) . . . 53 P.S. § 8501