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Although the California Supreme Court has yet to more precisely define the limits of the local initiative power under Proposition 218, the California Legislative Analyst has opined that, based on the actual constitutional language, the only limits appear to be those under federal law, such as the federal debt impairment clause.
In 2002, a California appellate court held that an in-lieu franchise fee for water, sewer, and refuse collection services was a "property-related" fee subject to Article XIII D. [141] Also in 2002, another California appellate court held that a stormwater drainage fee imposed on developed parcels was a "property-related" fee subject Article ...
The waiver should be unambiguous and clear to a reasonable person; In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power; A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to ...
Contracts implied in law differ from contracts implied in fact in that contracts implied in law are not true contracts. Contracts implied in fact are ones that the parties involved presumably intended. In contracts implied in law, one party may have been completely unwilling to participate, as shown below, especially for an action in restitution.
Waiver is the voluntary relinquishment, surrender or abandonment of some known right or privilege. Forfeiture is the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform, etc.
The kind of contract modification performed by the law in question was arguably similar to the kind that the Framers intended to prohibit, but the Supreme Court held that this law was a valid exercise of the state's police power, and that the temporary nature of the contract modification and the emergency of the situation justified the law. [21]
The California Trucking Association in 2023 legally challenged the truck regulation, which was slated to go into effect at the start of last year, and California put it on hold pending a waiver ...
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. [1]
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