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Court sides with towns over utilities in tax dispute
Court Watch |
2017/06/02 23:38
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Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.
Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 and 2012, but the state Board of Tax and Land Appeals rejected most of those requests, and the utilities appealed.
The utilities argued that towns' property tax assessments were too high and that their property taxes instead should be based on a valuation formula used by the state Department of Revenue Administration in levying a separate utility tax.
In the ruling released Friday, the court sided with the towns, though it said it was troubled by substantial differences in assessments by towns for property tax purposes and assessments by the state for utility taxes. The court said such disputes could be avoided by adopting a uniform appraisal method, a decision for the Legislature, not the courts.
Eversource spokesman Martin Murray said the company has a duty to dispute valuations made by communities the company considers extreme outliers compared to the state assessments. He said the company remains concerned about the wide discrepancies.
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Court of Appeals Judge Elmore won't seek re-election
Court Watch |
2017/05/25 09:01
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A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year.
Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year term in 2010.
In an interview, Elmore said he'll be satisfied serving two full terms on the state's intermediate-level appeals court when comparing it to the uncertainty of any outcome if he was to run another statewide campaign in 2018. Elmore, 66, also would have been unable to serve another full term due to the state's mandatory retirement age for judges at 72.
Leaving after this term expires "seemed to be a good fit," Elmore said, adding that he wanted to "leave on my own terms."
Elmore said he wanted to make the announcement before state political parties gather this year. Elmore is a registered Republican. A law approved last December makes Court of Appeals races officially partisan elections again, with party primaries.
Elmore said his decision had nothing to do with legislation approved in March by the General Assembly to reduce the number of Court of Appeals judges from 15 to 12 by eliminating positions vacated by resignation or death. Democratic Gov. Roy Cooper vetoed the measure, but the veto was overridden.
The appeals court usually meets in panels of three judges. The court is the final arbiter in state court matters except for cases heard by the state Supreme Court.
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High court could soon signal view on Trump immigration plans
Court Watch |
2017/05/16 16:16
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Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.
Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.
The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.
President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.
For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”
Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.
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Indian tycoon Vijay Mallya guilty of disobeying top court
Court Watch |
2017/05/09 16:18
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India's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.
Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.
The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.
Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.
He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.
India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him. |
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Top Kansas Court to Revisit Death Penalty in Wichita Murders
Court Watch |
2017/05/04 04:39
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The Kansas Supreme Court is considering for a second time whether to spare two brothers from being executed for four murders in what became known as "the Wichita massacre" after earlier rulings in the men's favor sparked a political backlash.
The justices were hearing arguments from attorneys Thursday in the cases of Jonathan and Reginald Carr. The brothers were convicted of dozens of crimes against five people in December 2000 that ended with the victims being shot in a snow-covered Wichita field, with one woman surviving to testify against the brothers.
The crimes were among the most notorious in the state since the 1959 slayings of a western Kansas family that inspired the book "In Cold Blood." The state has 10 men on death row, including the Carrs, but it has not executed anyone since hangings in 1965.
The Kansas court overturned the Carr brothers' death sentences in July 2014, citing flaws in their joint trial and sentencing hearing. The decisions stunned the victims' families and friends, as well as legislators. Critics launched unsuccessful efforts to oust six of the seven justices in the 2014 and 2016 elections.
The U.S. Supreme Court later overturned the Kansas court's rulings in a sometimes scathing January 2016 opinion. The nation's highest court returned the men's cases to the Kansas court for further reviews.
The Carr brothers' attorneys are raising some of the same legal questions again, arguing that the Kansas Constitution requires the death sentences to be overturned even if the U.S. Constitution doesn't. The Kansas court has the last word on "state law" issues. There is one new justice since the court last ruled in 2014.
The Kansas court previously concluded that the two men should have had separate sentencing hearings. Jonathan Carr argued that he was not as responsible as his brother for the crimes and that Reginald Carr had been a bad influence on him during their troubled childhoods.
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