green
Positive treatment
Quoted verbatim 1×
8.4 score
“there is no federal constitutional right to vote on municipal annexations. we are also unable to find any such right in the oregon constitution.”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited "but see"
Kali Bari Temple v. Board of Adjustment
But see Christian Gospel Church v. San Francisco, 896 F.2d 1221 (9th Cir.) cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990) (zoning provision requiring conditional use permit for church in urban residential area did not violate the free exercise or equal protection clauses).
discussed
Cited "but see"
Nieves v. University of Puerto Rico
But cf, e.g., Christensen v. Ward, 916 F.2d 1462, 1472 (10th Cir.) (pursuit of state-law tort action not fundamental right guaranteed by Federal Constitution), cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990); Edelstein v. Wilentz, 812 F.2d 128, 131 (3d Cir.1987) (same).
discussed
Cited "but see"
Baltimore Teachers Union, American Federation of Teachers Local 340, Afl-Cio the City Union of Baltimore, American Federation of Teachers, Local 800, Afl-Cio v. Mayor and City Council of Baltimore Kurt L. Schmoke, Individually and in His Capacity as Mayor and Member of the Board of Estimates of Baltimore City Mary Pat Clarke, Individually and in Her Capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City Jacqueline F. McClean Individually and in Her Capacity as Comptroller and Member of the Board of Estimates of Baltimore City Neal Janey, in His Capacity as Member of the Board of Estimates of Baltimore City George F. Balog, Individually and in His Capacity as Member of the Board of Estimates of Baltimore City Board of Estimates of Baltimore City, in Re State of Maryland v. Baltimore Teachers Union, American Federation of Teachers Local 340, Afl-Cio the City Union of Baltimore, American Federation of Teachers, Local 800, Afl-Cio v. Mayor and City Council of Baltimore Kurt L. Schmoke, Individually and in His Capacity as Mayor and Member of the Board of Estimates of Baltimore City Mary Pat Clarke, Individually and in Her Capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City Jacqueline F. McClean Individually and in Her Capacity as Comptroller and Member of the Board of Estimates of Baltimore City Neal Janey, in His Capacity as Member of the Board of Estimates of Baltimore City George F. Balog, Individually and in His Capacity as Member of the Board of Estimates of Baltimore City Board of Estimates of Baltimore City, Baltimore City Lodge Number 3 Fraternal Order of Police v. Mayor and City Council of Baltimore
But cf.Nevada Employees Ass'n, Inc. v. Keating, 903 F.2d 1223 , 1226 (9th Cir.) (Its decisions "do not indicate that the Court would defer to state legislatures when public as opposed to private contracts are at issue."), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990).
discussed
Cited "but see"
Baltimore Teachers Union v. Mayor of Baltimore
But cf. Nevada Employees Ass’n, Inc. v. Keating, 903 F.2d 1223 , 1226 (9th Cir.) (Its decisions “do not indicate that the Court would defer to state legislatures when public as opposed to private contracts are at issue.”), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990).
discussed
Cited as authority (quoted)
Sherwood School District 88J v. Washington County Education Service District
there is no federal constitutional right to vote on municipal annexations. we are also unable to find any such right in the oregon constitution.
discussed
Cited "see"
Cambodian Buddhist Society of Connecticut, Inc. v. Planning & Zoning Commission
See Christian Gospel Church, Inc. v. San Francisco, 896 F.2d 1221, 1224 (9th Cir.) (denial of special permit to hold worship services in residence was constitutional in light of government’s interest in maintaining integrity of zoning scheme and protecting residential neighborhoods), cert. denied, 498 U.S. 999 , 111 S. Ct. 559 , 112 L.
discussed
Cited "see"
Costco Wholesale Corp. v. City of Beaverton
See Mid-County Future Alternatives v. City of Portland, 310 Or 152 , 795 P2d 541 , cert den, 498 US 999 (1990); see also Kane, 202 Or App at 434-39 (rejecting constitutional voting rights argument concerning the same annexations at issue in the present case). 9 We necessarily so assume, given our determination that Wells’s collateral attacks on the predicate “encircling” annexations are precluded by ORS 12.270.
cited
Cited "see"
Depew v. United States
See Christensen v. Ward, 916 F.2d 1462 , 1469 (10th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990).
cited
Cited "see"
Roemer v. Crow
See Christensen v. Ward, 916 F.2d 1462, 1466 (10th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990).
discussed
Cited "see"
Smith v. Rubin
The district court, however, went on to consider whether Mr. Smith might have a Bivens action, see Dahn v. United States, 127 F.3d 1249, 1254 (10th Cir.1997) (individual IRS agents not subject to Bivens actions); see also Vennes v. An Unknown Number of Unidentified Agents, 26 F.3d 1448, 1453-54 (8th Cir.1994) (constitutional tort remedies generally unavailable against IRS agents), cert. denied, 513 U.S. 1076 , 115 S.Ct. 721 , 130 L.Ed.2d 627 (1995); whether the alleged facts demonstrated a constitutional violation, see Blinder, Robinson & Co. v. United States Securities & Exchange Comm'n, 748 …
cited
Cited "see"
International Church of the Foursquare Gospel v. City of Chicago Heights
See Christian Gospel Church v. City and County of San Francisco, 896 F.2d 1221 (9th Cir.1990), ce rt. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990).
discussed
Cited "see"
McGrath v. RI Retirement Board
See, ___ e.g., Nevada Employees Ass'n, Inc. v. Keating, 903 F.2d 1223 , ____ ______________________________ _______ 1227 (9th Cir.) (suggesting that nonvested employees have contractual rights subject only to "reasonable modification"), cert. denied, 498 U.S. 999 (1990); Betts v. Board of Admin. of _____ ______ _____ ___________________ the Pub.
cited
Cited "see"
Raymond Snell v. The City and County of Denver, a Municipal Corporation of the State of Colorado
See Christensen v. Ward, 916 F.2d 1462, 1469 (10th Cir.), cert. denied, 498 U.S. 999 (1990).
discussed
Cited "see"
Cochran v. Morris
See Nevada Employees Assoc., Inc. v. Keating, 903 F.2d 1223 , 1225 (9th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990) (trial court may sua sponte raise res judicata so long as parties are permitted to submit briefs on the issue).
discussed
Cited "see"
Cochran v. Morris
See Nevada Employees Assoc., Inc. v. Keating, 903 F.2d 1223 , 1225 (9th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990) (trial court may sua sponte raise res judicata so long as parties are permitted to submit briefs on the issue).
cited
Cited "see"
Jay L. Depew v. Commissioner of Internal Revenue
See Christensen v. Ward, 916 F.2d 1462, 1469 (10th Cir.), cert. denied, 498 U.S. 999 (1990).
discussed
Cited "see"
Hernandez v. State of N.M.
See Christensen v. Ward, 916 F.2d 1462, 1466 (10th Cir.), cert. denied, 498 U.S. 999 (1990). 27 Mr. Hernandez' briefs do not discuss the district court's dismissal of the claims against defendants Eisenburg and Alley for failure to state a claim, its dismissal of the personal capacity claims against defendants Berard and Dickinson for lack of evidence, or its dismissal of the claims under 18 U.S.C. 1001 and 1621.
cited
Cited "see"
Columbia Steel Fabricators, Inc. Stevens Equipment Company v. Ahlstrom Recovery Aaro Kohonen Oy
See State of Nevada Employees Ass’n v. Keating, 903 F.2d 1223 , 1225 (9th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990).
cited
Cited "see"
In Re Rainsford J. Winslow and Winifred W. Winslow, Debtors. Rainsford J. Winslow and Winifred W. Winslow v. C. Gail Hunter
See Christensen v. Ward, 916 F.2d 1462, 1469 (10th Cir.), cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990).
cited
Cited "see"
Barnes v. Vernon
See Christian Gospel Church, Inc. v. San Francisco, 896 F.2d 1221, 1225-26 (9th Cir.), cert. denied, 498 U.S. 999 (1990).
discussed
Cited "see, e.g."
Taylor v. City of Gadsden
See, e.g., Nevada Employees Ass’n, Inc. v. Keating, 903 F.2d 1223 , 1227 (9th Cir.) (suggesting that nonvested employees have contractual rights subject only to “reasonable modification”), ce rt. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990); Betts v. Board of Admin, of the Pub.
discussed
Cited "see, e.g."
Congregation Kol Ami v. Abington Township
See, e.g., Christian Gospel Church, Inc. v. City of San Francisco, 896 F.2d 1221 (9th Cir.1990), cert. denied, 498 U.S. 999 , 111 S.Ct. 559 , 112 L.Ed.2d 565 (1990) (holding that denying a permit to establish a church in a residential area did not violate the Free Exercise Clause because the zoning system pro *134 tected government interests, nor did it violate the Equal Protection Clause because there was no discrimination against appellant); Messiah Baptist Church v. County of Jefferson, 859 F.2d 820 (10th Cir.1988), cert. denied, 490 U.S. 1005 , 109 S.Ct. 1638 , 104 L.Ed.2d 154 (1989) (hold…
discussed
Cited "see, e.g."
McGrath v. Rhode Island Retirement Board
See, e.g., Nevada Employees Ass’n, Inc. v. Keating, 903 F.2d 1223 , 1227 (9th Cir.) (suggesting that non-vested employees have contractual rights subject only to “reasonable modification”), cert. denied, 498 U.S. 999 , 111 S.Ct. 558 , 112 L.Ed.2d 565 (1990); Betts v. Board of Admin. of the Pub.
discussed
Cited "see, e.g."
Sullivan v. Borg
See Hawkins, 984 F.2d at 324 ; McClain, 793 F.2d at 1032-33 ; see also State of Nevada Employees Ass'n v. Keating, 903 F.2d 1223 , 1225-26 (9th Cir.), cert. denied, 498 U.S. 999 (1990) (district court's sua sponte application of res judicata was improper where district court did not allow parties to brief preclusion issue)).
discussed
Cited "see, e.g."
Jon Barton Jacob v. United States
Hymes v. United States, 993 F.2d 701, 702 (9th Cir.1993); see also Christensen v. Ward, 916 F.2d 1485 (10th Cir.), cert. denied, 498 U.S. 999 (1990). 10 As indicated, Mr. Jacob filed a previous suit in district court.
cited
Cited "see, e.g."
State v. Mierz
See, e.g., State v. Adams, 791 S.W.2d 873 (Mo. Ct. App.), cert. denied, 498 U.S. 999 (1990); Brown v. State, 75 Md.
discussed
Cited "see, e.g."
Boulder City v. Cinnamon Hills Associates
Mackenzie, 920 F.2d at 1559-60 (denial of a permit in an effort to limit commercial development is sufficient rationale to defeat equal protection constitutional attack on zoning decision); see also Christian Gospel Church v. San Francisco, 896 F.2d 1221, 1226 (9th Cir.), cert. denied, 498 U.S. 999 (1990).
cited
Cited "see, e.g."
State v. Rank
See also State v. Adams, 791 S.W.2d 873, 877 (Mo.App. 1990), cert. den. 498 U.S. 999 , 111 S.Ct. 557 , 112 L.Ed.2d 564 (1990).
Retrieving the full opinion text from the archive…
Lee
v.
Nguyen
v.
Nguyen
No. 90-606.
Supreme Court of the United States.
Dec 3, 1990.
498 U.S. 999
Published
Citer courts: Court of Appeals of Oregon (1)
C. A. 9th Cir. Certio-rari denied.