Ripeness Can Blossom on Appeal, Holds Fifth Circuit

In DM Arbor Court, Ltd. v. City of Houston, No. 20-20194 (5th Cir. Feb. 12, 2021), a challenge to a city’s failure to act on applications for construction permits became ripe on appeal because—while it was pending—the City Council ruled and denied the permits. Following flooding from Hurricane Harvey in 2017, Arbor Court Apartments appliedContinue reading “Ripeness Can Blossom on Appeal, Holds Fifth Circuit”

First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable

In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”