Municipal advocates may want to consider camping out at the Supreme Court in late November and early December. The court's recently released argument schedule for that period reveals a slate laden with cases of importance to state and local governments.
On Nov. 29, the court is scheduled to hear arguments in Northwest Airlines v. Kent County, Mich., a case challenging whether airport user fees assessed airlines violate federal law and the U.S. Constitution.
The justices on Nov. 30 are scheduled to consider Central Bank of Denver v. First Interstate Bank, a dispute over trustee liability in bond offerings. The case arose following the default of tax-exempt bonds issued by the Colorado Springs-Stetson Hills Public Building Authority.
On Dec. 1, the court will examine whether public employers can fire workers who make negative comments about working conditions without violating the Constitution's First Amendment free speech guarantees. The issue arises in Waters v. Churchill.
And on Dec. 7, a day municipal officials hope will no longer live in infamy, the justices will consider the constitutionality of laws requiring disposal of waste only at designated facilities, or so-called flow-control ordinances. The case, C&A Carbone Inc. v. Clarkstown, N.Y., could have a severe impact on bonds issued for waste facilities if the court strikes down flow-control laws.
Also that day, the court will review BFP v. Resolution Trust Corp., a dispute over whether federal bankruptcy courts may review foreclosure sales conducted in accordance with state law. The issue is of keen interest to municipalities, which traditionally have enjoyed sovereignty in property transactions.
