Can A City Refuse Land-Use Permits Because it Doesn’t Like the Federal Policies the Property Will be Used to Implement?

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains why a local government cannot constitutionally create policy discriminating against entities that do business with the feds. Specifically, Amar discusses a situation in which the city of Farland, California, is trying to prevent a privately operated state prison facility located in that city from contracting with Immigration and Customs Enforcement (ICE).

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DEQ v. Gibson

Docket: 46217

Opinion Date: March 11, 2020

Judge: Roger S. Burdick

Areas of Law: Civil Procedure, Environmental Law, Government & Administrative Law

The Department of Environmental Quality (“DEQ”) brought a civil enforcement action under the Environmental Protection and Health Act against David Gibson and VHS Properties, LLC, (“VHS”), for illegally operating a composting facility. After a three-day bench trial, the district court determined that Gibson was operating a “Tier II Solid Waste Processing Facility” without prior approval from DEQ. The district court assessed a civil penalty and issued an injunction. On appeal, Gibson raised a number of issues regarding DEQ’s authority to regulate compost and its inspection of the property. DEQ argued Gibson’s appeal was partially time-barred. After review, the Idaho Supreme Court held that although Gibson’s appeal was not time-barred, he failed to show error. Therefore, it affirmed the district court.

Phillips v. Eastern ID Health Svcs

Docket: 45890

Opinion Date: March 11, 2020

Judge: Stegner

Areas of Law: Civil Procedure, Medical Malpractice

Penny Phillips, her son, and daughter, brought a medical malpractice suit against various Idaho Falls health care providers. Phillips and her children alleged the health care providers were negligent in the care they provided to Phillips’ husband, Scott Phillips, immediately prior to his death by suicide. The district court rejected the Phillipses’ claims by granting summary judgment in favor of the health care providers. The Phillipses appealed several adverse rulings by the district court. The health care providers cross-appealed, contending the district court abused its discretion in amending the scheduling order to allow the Phillipses to name a rebuttal expert. The Idaho Supreme Court determined summary judgment was improvidently granted: it was an abuse of the trial court's discretion in: (1) granting the providers' motion for a protective order preventing the Phillipses from conducting a I.R.C.P. 30(b)(6) deposition regarding the community standard of care; (2) in allowing depositions of local familiarization experts because it did not apply the correct standard; and (3) striking an expert's testimony because that expert demonstrated the requisite actual knowledge of the local standard of care. The court did not abuse its discretion in granting the Phillipses' motion to amend the scheduling order. Therefore, the trial court's judgment was reversed and the matter remanded for further proceedings.