ETJ) Is an “Unincorporated Area That Is Contiguous to the Corporate Boundaries” of a City
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Conflict of Laws. Jurisdiction of the Subject-Matter. Collateral Attack
RECENT CASES Conflict of Laws-Jurisdiction of the Subject-Matter-Collateral Attack-[Fed- eral].-The plaintiff sued in an Illinois court to collect on bonds which had been guar- anteed by the defendant. In a previous bankruptcy proceeding a federal court con- firmed a reorganization plan providing for a cancellation of the defendant's guarantee of the bonds. While the state action was pending, the plaintiff petitioned the federal court to modify its decree on the ground that it had no power to release the guarantor under the Bankruptcy Act. The petition was denied and no appeal was taken. Sub- sequently the defendant pleaded the decree of the federal court as a bar in the state action. The Supreme Court of Illinois affirmed judgment for the plaintiff. On cer- tiorari to the Supreme Court, held, reversed. A court's adjudication of its jurisdiction over the sub~ect inatter, where the issue has been contested, is resjudicatain a subse- quent action. Stoll v. Gottlieb.x Previous decisions have established that a court's judgment as to its jurisdiction over the person, where actually contested, may be resjudicataand impregnable to col- lateral attack.2 Whether or not the same results would be reached in the case of decisions on jurisdiction of the subject-matter, which present more acute theoretical difficulties, has been doubtful until the instant decision.3 In extending the doctrine of res judicata to controversies over jurisdiction of the subject-matter, which have been contested,4 the Supreme Court has taken another step in overruling the classical dogma that jurisdictional questions are always open to collateral inquiry. -
City Limits Map (PDF)
City Limits for Athens, Alabama October 27, 2015 M N O P Q R S T U Ella Grace M Al Hwy 127 Way o Sugar Hill 206 o Rd r ROAD INDEX Ln e Kimzy Carr Rd Sardis Springs s v i ielding l Johnson St F l # FRANK ST, S-15 PALMER ST, N-17 J Berzett Rd e L d o Ruff Cemetery R n R FRAZIER ST, P-15, P-14 PAMELA DR, M-13 r 10TH AV, O-14 d d Wood Ln d a 10TH ST, O-16 FREEMAN AV, P-16, Q-16 PANSY CIR, P-15 n R 12TH ST, O-16, N-16 FRENCH FARMS BLVD, P-16 PARIS LN, P-13 n ris Ln o 14TH ST, N-16 FRENCH WAY, P-16 PARK LN, N-16 Pa t k Muddy Creek l 1ST AV, O-15 FYNE DR, R-15 PARK PL, P-16 E 17 1ST ST, O-15 G PAT INGRAM ST, O-16 127 2ND AV, O-15 GABLES END DR, U-17 PAT ST, N-15 Looney Rd C 2ND ST, O-16 GALE LN, O-15 PATTOCK CT, N-15 Airfield St op I 65 N el A an 3RD AV, O-15 GARDENIA MANOR, U-20 PATTON ST, O-15 HeronDr Holt Rd r d c Rd 3RD ST, O-16 GARRETT DR, P-14 PAULA ST, N-15 13 Runway St t 13 i Airport Rd c 4TH AV, O-15 GARY REDUS DR, P-20 PAVILION CT, R-18 ClemAcre L GEORGE BRALY WAY, Q-20, R- PEACHTREE ST, O-15 n 4TH ST, O-16 Broadwater Pvt Dr Compton Rd E 5TH AV, O-15, N-15 21 PEETE RD, P-23, Q-23 18 260 d Jw Bobo Rd 5TH ST, O-16 GEORGE WASHINGTON ST, P- PEPPER RD, R-16, S-16, U- g 230 th Panther e r o 16, T-16 w r 6TH AV, O-14 20, P-21 w D Branch o t 6TH ST, O-16 GEORGIE EDITH LN, S-15 PHYLLIS ST, S-14 o 258 206. -
Guide to Jurisdiction in OSHA, Region 10 Version 2018.2
Guide to Jurisdiction in OSHA, Region 10 Version 2018.2 General Principles - Federal civilian employers are covered by OSHA throughout the four-state region. State, county, municipal and other non-federal public employers (except tribal government employers) are covered by state programs in Washington, Oregon, and Alaska. There is no state program in Idaho, and OSHA’s coverage of public employers in Idaho is limited to the federal sector. OSHA regulates most private employers in Idaho with exceptions noted below. Industry / Location State Coverage OSHA Coverage Air Carriers1 Washington, Oregon and Alaska: Air Washington, Oregon and Alaska: carrier operations on the ground only. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Idaho: Air carrier operations on the ground. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Commercial Diving Washington, Oregon and Alaska: Washington, Oregon, and Alaska: Employers with diving operations staged Employers with diving operations from shore, piers, docks or other fixed staged from boats or other vessels afloat locations. on navigable waters 2. Idaho: All diving operations for covered employers. 1 The term “air carrier refers to private employers engaged in air transportation of passengers and/or cargo. The term “aircraft cabin crew member” refers to employees working in the cabin during flight such as flight attendants or medical staff; however, the term does not include pilots. 2 In the state of Washington, for vessels afloat, such as boats, ships and barges moored at a pier or dock, DOSH’s jurisdiction ends at the edge of the dock or pier and OSHA’s jurisdiction begins at the foot of the gangway or other means of access to the vessel; this principle applies to all situations involving moored vessels, including construction, longshoring, and ship repair. -
The United States Supreme Court Limits Non-Domicile Jurisdiction Over Foreign Companies
The United States Supreme Court Limits Non-Domicile Jurisdiction over Foreign Companies By Scott J. Hymani and Erin S. Kubotaii The inevitable risk of doing business in the United States is that one day your company may be sued. The question is: but where? Our system of federalism unfortunately suggests that where a company might be sued can be outcome determinative of the result of the case. Accordingly, foreign companies doing business in the United States have faced forum-shopping plaintiffs hailing them into Court in a state where they do business, but where neither the plaintiff nor the wrong have any nexus to the forum state. The United States Supreme Court recently put a stop to such forum-shopping Plaintiffs in Bristol-Myers Squibb Company v. Superior Court of California, 582 U.S. ___ (June 19, 2017) (“Bristol-Myers”), and clarified where a foreign business may by subject to suit. First, a brief primer on personal jurisdiction and our system of federalism is warranted. The 14th Amendment of the United States’ Constitution limits the extent to which State courts can exercise personal jurisdiction over a defendant. Personal jurisdiction is necessary in order for a State court to exercise legal authority over a party and to render a valid judgment. The defendant’s relationship to and activity in a forum State determines whether a State can exercise personal jurisdiction over a defendant. Obviously, a defendant who is domiciled in the State is subject to the State’s jurisdiction. This is called general jurisdiction. A business’s “domicile” is often regarded as its home, such as where it is incorporated or where it maintains its principal place of its business. -
City of Bassett Iola & Bassett
1000 RD. 1400 RD. 1600 RD. TO GARNETT R 18 E R 19 E 17 16 15 14 13 169 1800 RD. 18 BOYERS NEOSHO LAKE Prairie Spirit Rail-Trail IOLA # 281 & BASSETT # 041 CITY OF OREGON RD. OREGON RD. HOLIDAY LN. IOLA & BASSETT ALLEN COUNTY KANSAS HOLIDAY OSAGE AVE. CT. DODGE DR. T 24 S, T 25 S, R 18 E, R 19 E OKLAHOMA RD. PREPARED BY THE KANSAS AVE. STATE ST. KANSAS DEPARTMENT OF TRANSPORTATION KENTUCKY ST. BUREAU OF TRANSPORTATION PLANNING PRYOR ST. IN COOPERATION WITH THE 1000 RD. U.S. DEPARTMENT OF TRANSPORTATION 21 22 DEWITT MILLER RD. ST. FEDERAL HIGHWAY ADMINISTRATION 23 DR. AVE. 24 FUNSTON 19 20 NORTHRUP CANARY SCALE LANE CANARY 0 CARDINAL 1000 2000 CIR. 3000 FEET SEWAGE DR. DISPOSAL 0 200 400 600 800 1000 HIGHLAND METERS CEMETERY PONDS FEBRUARY, 2007 ST. ALLEN COUNTY COMM. JR. COLLEGE POP. 6,081 & 22 PRAIRIEDR POPULATION - U.S. BUREAU OF THE CENSUS 2000 TIMBER WALNUT DR. CERTIFIED TO SECRETARY OF STATE, 7/1/2006 WALNUT RD PROJECTION - LAMBERT CONFORMAL CONIC PATTERSON RD. NORTH DAKOTA RD. BLVD WITH TWO STANDARD PARALLELS WHITE NORTHWESTERN ALAMOSA AT LATITUDE 39o oN AND 38 N BLVD. KDOT makes no warranties, guarantees, or representations for accuracy ST. ALAMOSA CIR. W. ALAMOSA CIR. E. of this information and assumes no liability for errors or omissions. GARFIELD RD. N. JIM ST. MUSTANG CIR. GARFIELD ST. MARSHMALLOW LN. REDBUD LN. EDWARDS ST. W. CIRCLE BUCHANAN ST. BUCHANAN KENWOOD Prairie Spirit Rail-Trail 28 ST. HENRY ST. DEWEY ST. MEADOWBROOK RD. 29 27 MEADOWBROOK RD. -
Seasonal and Spatial Characteristics of Urban Heat Islands (Uhis) in Northern West Siberian Cities
remote sensing Article Seasonal and Spatial Characteristics of Urban Heat Islands (UHIs) in Northern West Siberian Cities Victoria Miles * and Igor Esau Nansen Environmental and Remote Sensing Center/Bjerknes Centre for Climate Research, Thormøhlensgt 47, 5006 Bergen, Norway; [email protected] * Correspondence: [email protected]; Tel.: +47-97-088-029 Received: 28 July 2017; Accepted: 18 September 2017; Published: 27 September 2017 Abstract: Anthropogenic heat and modified landscapes raise air and surface temperatures in urbanized areas around the globe. This phenomenon is widely known as an urban heat island (UHI). Previous UHI studies, and specifically those based on remote sensing data, have not included cities north of 60◦N. A few in situ studies have indicated that even relatively small cities in high latitudes may exhibit significantly amplified UHIs. The UHI characteristics and factors controlling its intensity in high latitudes remain largely unknown. This study attempts to close this knowledge gap for 28 cities in northern West Siberia (NWS). NWS cities are convenient for urban intercomparison studies as they have relatively similar cold continental climates, and flat, rather homogeneous landscapes. We investigated the UHI in NWS cities using the moderate-resolution imaging spectroradiometer (MODIS) MOD 11A2 land surface temperature (LST) product in 8-day composites. The analysis reveals that all 28 NWS cities exhibit a persistent UHI in summer and winter. The LST analysis found differences in summer and winter regarding the UHI effect, and supports the hypothesis of seasonal differences in the causes of UHI formation. Correlation analysis found the strongest relationships between the UHI and population (log P). -
1999 Design Standards for Central Business District
Design Standards for the Central Business District City of Lubbock, Texas June 1999 Design Standards Credits CREDITS LUBBOCK CITY COUNCIL 1999 LUBBOCK URBAN DESIGN AND HISTORIC PRESERVATION COMMISSION 1999 Windy Sitton, Mayor David Miller, Chair Victor Hernandez Betty Carr, Vice Chair T.J. Patterson Paul Nash David Nelson Marsha Jackson Max Ince Robert Brodkin Marc McDougal Grant Hall Alex K. “Ty” Cooke, Jr. Michael Peters Jim Shearer CITY OF LUBBOCK STAFF FORMER URBAN DESIGN AND HISTORIC P RESERVATION Sally Still Abbe, Planner COMMISSION MEMBERS Jan B. Matthews Gary W. Smith, AIA, Facilities Manager Mary Crites Bill Boon, Planner David Driskill Randy Henson, Senior Planner Garry Kelly Linda Chamales, Supervising Attorney David Murrah Jim Bertram, Director of Strategic Planning CENTRAL BUSINESS DISTRICT AD HOC COMMITTEE CONSULTANT John Berry Dennis Wilson, J.D. Wilson & Associates, Dallas Mackie Bobo Ken Flagg Doris Fletcher Don Kittrell Larry Simmons Abby Quinn JUNE 1999 Page 2 DESIGN STANDARDS FOR THE CBD June 1999 Table of Contents TABLE OF CONTENTS Introduction Background 5 Goal of the Standards 5 Objectives of the Standards 5 Mandated by Zoning Ordinance 6 Improvements Not Required 6 Using the Standards 6 CB-1 West Broadway CB-2 Downtown Site and Building Orientation 7 Site and Building Orientation 13 Building Mass and Scale 7 Building Mass and Scale 13 Proportion and Shape of Elements 8 Proportion and Shape of Elements 14 Building Materials 8 Building Materials 14 Security 9 Security 15 Awnings and Canopies 9 Awnings and Canopies -
Jurisdiction Over Federal Areas Within the States
JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES REPORT OF THE INTERDEPARTMENTAL COMMITTEE FOR THE STUDY OF JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES PART I The Facts and Committee Recommendations Submitted to the Attorney General and transmitted to the President April 1956 Reprinted by Constitutional Research Associates P.O. Box 550 So. Holland, Illinois 06473 The White House, Washington, April 27, 1956 DEAR MR. ATTORNEY GENERAL: I am herewith returning to you, so that it may be published and receive the widest possible distribution among those interested in Federal real property matters, part I of the Report of the Interdepartmental Committee for Study of Jurisdiction over Federal Areas within the States. I am impressed by the well- planned effort which went into the study underlying this report and by the soundness of the recommendations which the report makes. It would seem particularly desirable that the report be brought to the attention of the Federal administrators of real properties, who should be guided by it in matters related to legislative jurisdiction, and to the President of the Senate, the Speaker of the House of Representatives, and appropriate State officials, for their consideration of necessary legislation. I hope that you will see to this. I hope, also, that the General services Administration will establish as soon as may be possible a central source of information concerning the legislative jurisdictional status of Federal properties and that agency, with the Bureau of the Budget and the Department of Justice, will maintain a continuing and concerted interest in the progress made by all Federal agencies in adjusting the status of their properties in conformity with the recommendations made in the report. -
The Validity of Extraterritorial Municipal Zoning
Vanderbilt Law Review Volume 8 Issue 4 Issue 4 - A Symposium on Local Government Law--Foreword--Local Government Article 7 in the Larger Scheme of Things 6-1955 The Validity of Extraterritorial Municipal Zoning Otis J. Bouwsma Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Land Use Law Commons, and the State and Local Government Law Commons Recommended Citation Otis J. Bouwsma, The Validity of Extraterritorial Municipal Zoning, 8 Vanderbilt Law Review 806 (1955) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol8/iss4/7 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. THE VALIDITY OF EXTRATERRITORIAL MUNICIPAL ZONING OTIS J. BOUWSMA* INTRODUCTION Advances in the fields of transportation and communication have made necessary a vast amount of law which was foreign to the statute books of a century ago. So, also, in the field of local government, changes in conditions have required alterations in, and additions to, the old law of municipal corporations. Comprehensive municipal zoning, as it exists today, is such an addition to our laws. The subject of zoning is not new, but it was not until 1926 that it became a fixed and important part of our laws. In that year the United States Supreme Court, in the leading case of Village of Euclid v. Ambler Realty Company' upheld the validity of comprehensive municipal zoning. -
City of Sunnyside
Yakima County Public Services Department Planning Division Yakima County’s 2017 Review of its UGAs and Permitted Densities (as required by the Growth Management Act) Urban Growth Area for City of Sunnyside Staff Report September 14, 2015 Staff contact: Marla Powers, Senior Project Planner [email protected], (509) 574-2924 Introduction The Growth Management Act (GMA) provides: “(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, according to the schedules established in subsection (5) of this section, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. “(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period …” [RCW 36.70A.130(3)] Subsection (5) of section RCW 36.70A.130 requires Yakima County and its cities to complete these UGA reviews and revisions by June 30, 2017. [RCW 36.70A.130(5)(c)] This is the Sunnyside analysis of the second of two reports Yakima County will issue as a strategic milestone in meeting the mandate to review and update Yakima County Plan 2015. -
What Is Forum Shopping? Can Be Vulnerable
Reprinted with permission from INTA Bulletin, Vol. 66, No. 9 – May 1, 2011, Copyright © 2011 International Trademark Association. jurisdiction because of reduced travel costs scope of this overview. It is, nevertheless, Jan-Peter Ewert and the potential for the fact-finder to be worthwhile to note briefly the different sources Unverzagt von Have, Hamburg, Germany sympathetic to a local plaintiff. Sometimes of registered trademarks in Europe, namely the laws, procedures or tendencies are more national trademark registrations in individual David Weslow favorable in one jurisdiction than another, so European countries, Community trade mark Wiley Rein LLP, Washington, D.C., USA a party will choose the jurisdiction that will ap- (CTM) registrations valid for the entire EU and ply the more favorable law or protocols to the international extensions of existing trademarks case. Remedies differ between jurisdictions, via the Madrid System. A trademark practitioner charged with obtaining so a party may choose a forum that offers the legal protection beyond national boundaries largest damage awards or the potential for For entities based in the United States, by far often is in a more comfortable situation injunctive relief or monetary damages, which, the most common way of obtaining trademark than colleagues in many other fields of the law. for example, are not available from the Trade- protection in Europe is registering a CTM. This A system of international treaties and organiza- mark Trial and Appeal Board of the U.S. Patent is in most cases a sensible choice, given that tions supports the practitioner in transferring and Trademark Office (USPTO). Courts also the associated costs are a fraction of those the client’s rights from its home jurisdiction deal with their cases at varying speeds, and involved in obtaining individual national regis- to others and in enforcing such rights. -
City of Richmond Richmond Etj Map Updated
LN OTHY TIM LGRIM JOURNEY DR R PI D IDGE D H O U S T O N E T JJ R ET R H K R MUS I E N P M M K AL A R L V M S A IC E F T E O OR TT S IA O N G F AR B E DE N R N R S D D RD R O Y O L LD L D D N IX H IE IN S D O R T KL P E U REGENCY CREEK DR S SANDY POINT C S F T ER O O H R J R Y A L C L O E N D N D R E N K L L E O L R N H O U S T O N E T J C H O U S T O N E T J A G D K O E R L U C C E LN R S SPANISH FOREST A A T T G I U D C E R R ST DR A SHADE CRE D G L R UCKE TTS T H O M SHELL LN P Y T 3 O PARR S E O 2 N N 7 A T C P C R H T M O D R C T S F R DR A G O IN E S S S ECAN CRO P 4 F E R D X I E INT Y PO N P SAND 6 N A I LLO PASS G CAVA N L 4 PECAN TRAIL D RAIL A EST T T 1 WC R C L W R RESIDENTIAL : A R I E N F V A I M M E A C Y 3 K C C E 5 F E 9 T A S R G M P TEXAS R any use, building or structure ( or portion of a building or structure ) used for premises that contain habitable rooms for C E P L C A A A T A N A EXTRATERRITORIAL I S N N N L I O 99 R T V L E non-transient occupancy, designed primarily for living, sleeping, cooking, and eating.