Tag Archives: Consent decree

Decision about a zoning dispute yields insights for both Federal Courts and appellate practice

The Sixth Circuit’s recent decision in Benalcazar v. Genoa Township, — F.3d — (6th Cir. June 10, 2021), provides a nugget in the law of Federal Courts regarding consent decrees. It’s also interesting from an appellate-practice perspective. The case concerned a zoning dispute. Landowners in an Ohio township sought to rezone their rural acreage for … Continue Reading

The Sixth Circuit’s Careful Approach to Vacating Consent Decrees

In John B v Goetz (pdf), the Sixth Circuit refused to vacate a consent decree that required Tennessee to provide various medical screening, diagnostic and treatment services to over a half million children under the Medicaid statute.  Tennessee argued that Gonzaga University v. Doe, 536 U.S. 273 (2002), compelled the conclusion that the statute does … Continue Reading
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