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Courts find pandemic orders unlawful in Michigan and Pennsylvania. Will the SJC do the same?
October 11, 2020
Pending before the highest court in Massachusetts is Desrosiers v. Baker, a lawsuit challenging the many unilateral orders Governor Charlie Baker has issued since declaring a state of emergency seven months ago. The Supreme Judicial Court heard oral arguments in the case on Sept. 11, but hasn’t yet issued a decision. That…
Regulatory Recap: Week in Review
October 9, 2020
The U.S. Supreme Court declined to hear an appeal of a lower court ruling that upheld a U.S. Department of Health and Human Services rule that reduced Medicaid reimbursements to several children’s hospitals. The hospitals argued that the case was a good opportunity to reconsider Chevron deference, which instructs judges to defer to reasonable agency interpretations of ambiguous statutes. Read the full…
LA Moratorium Battle Joins Dozens Across The Country
October 8, 2020
A suite of protections the city of Los Angeles put in place to keep tenants in their homes during the coronavirus pandemic hangs in the balance after a new legal challenge from a Southern California apartment owners association. It now joins dozens of both state and local eviction protections that…
Marco Island council candidates open door to assisted living facility during forum
October 8, 2020
Marco Island City Council candidates said Wednesday in an election forum that they would consider allowing the construction of an assisted living facility on the island. An earlier version of the project was voted down by City Council last year as some councilors said it was too big for the corner of San Marco Road and…
Trump’s “Regulatory Bill of Rights”: OIRA’s Implementing Memorandum is Heading in the Right Direction
October 8, 2020
Over the summer I wrote about Executive Order 13924, which attempts to lessen the administrative burdens faced by private individuals and businesses by reining in the administrative state. In addition to directing agencies to rescind, modify, or waive regulations that may hamper economic recovery from the COVID-19 pandemic, section…
Multifamily: An Unassailable Asset Class Develops Some Cracks
October 7, 2020
As a provider of joint venture and general partner equity, real estate investment firm RanchHarbor has been seeing an influx lately of multifamily investment opportunities presented by sponsors as value-add. However, upon a closer look at the underwriting, these deals do not actually fit the typical value-add investment profile, says…