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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State ex rel. Ferrell v. Honorable Warren R. McGraw

Docket: 19-0658

Opinion Date: March 10, 2020

Judge: Walker

Areas of Law: Civil Procedure

The Supreme Court granted a writ of prohibition sought by Petitioners to halt the litigation of Respondents' breach of contract and related tort claims against them in the Circuit Court of Wyoming County for lack of venue, holding that Respondents failed to meet their burden to demonstrate that venue for their civil action properly lay in Wyoming County. In this action involving an alleged breach of a purchase agreement, Respondents filed a complaint alleging six causes of action against Petitioners. In the complaint, Respondents stated that venue was proper in Wyoming County because the parties conducted business in Wyoming County. Petitioners moved to dismiss for lack of venue, arguing that the operative business relationship between the entities took place entirely within Kanawha County. The circuit court denied the motion to dismiss, and Petitioners filed this petition for a writ of prohibition. The Supreme Court granted the motion to dismiss, holding that Respondents failed to establish proper venue in Wyoming County under the framework of W. Va. Code 56-1-1.