Delaware
Delaware Not Entitled to Seize Funds From Unclaimed Money Orders Purchased Elsewhere, SCOTUS Rules
The Supreme Court docket sided with 30 states that challenged Delaware’s apply of seizing unclaimed funds from prospects of funds large MoneyGram, ruling on Feb. 28 that the cash left over from deserted cash orders could also be taken by the state by which the cash order was bought.
As a result of MoneyGram is included in Delaware, that state reasoned that it was entitled to the deserted funds from unclaimed monetary devices equivalent to cash orders issued by the corporate. Delaware, the house state of President Joe Biden, is a middle for monetary providers corporations and with its business-friendly courts is the place most of the nation’s largest companies are included.
Certainly one of a number of states that don’t levy a retail gross sales tax, Delaware depends closely on unclaimed property to fill its budgetary gaps. Unclaimed property reportedly accounted for $448 million of the state authorities’s $5.4 billion in income in 2021.
Pennsylvania and different states sued to cease Delaware, claiming it was taking the cash in violation of the Disposition of Deserted Cash Orders and Traveler’s Checks Act of 1974, also called the Federal Disposition Act or FDA.
The brand new determination (pdf) written by Justice Ketanji Brown Jackson, who was appointed final 12 months by Biden, is the primary majority opinion she has authored since becoming a member of the courtroom. The opinion was unanimous.
Beneath the traditional authorized precept of “escheatment,” a state might take custody of property deemed deserted. Though a state might typically take deserted property discovered within the state, Jackson wrote that the Federal Disposition Act typically favors the declare of the state the place the cash order was bought.
Jackson famous that the difficult states stated Delaware took $250 million between 2002 and 2017 below escheatment guidelines however had the FDA statute been adopted, it will have been entitled to maintain solely about $1 million of that whole.
Delaware had argued that the monetary devices in dispute, referred to as “official checks,” weren’t cash orders as a result of they had been offered below totally different names.
A particular grasp appointed by the Supreme Court docket to listen to the case, Choose Pierre Leval of the U.S. Court docket of Appeals for the 2nd Circuit, initially agreed with the difficult states however later modified his thoughts, embracing Delaware’s place that the devices had been “third-party financial institution checks” and never cash orders.
Jackson disagreed with Leval, saying that the devices had been just like cash orders as a result of they facilitated the cost of a pay as you go sum to a particular particular person.
“The actual query is which variations and similarities matter. And not one of the variations Delaware identifies pertains to the statutory textual content or atypical which means of a cash order, nor do they in any other case undermine the [court’s] evaluation of similarity,” the justice wrote.
As a result of particular person states lack jurisdiction over one another, state courts can not hear circumstances coping with one other state, so the U.S. Structure permits the Supreme Court docket to listen to disputes between states. Exercising its so-called unique jurisdiction, the courtroom agreed to take up the case in 2016.
The lawyer normal of Arkansas, one of many states difficult Delaware, hailed the brand new determination.
“This is a crucial win for Arkansas and our coalition of states,” Tim Griffin, a Republican, stated in a Feb. 28 assertion to The Epoch Occasions.
“For the previous decade, Delaware has claimed thousands and thousands of {dollars} that rightfully belong to us, and that cash will now go the place it belongs. I’m proud to guide this bipartisan coalition as we applaud at the moment’s unanimous victory within the Supreme Court docket.”
The Epoch Occasions reached out for remark to the counsel of document for Delaware however had not acquired a reply as of press time.
However Brenda Mayrack, director of Delaware’s Workplace of Unclaimed Property, advised The Philadelphia Inquirer that Delaware was “dissatisfied within the ruling.”
Calculating how a lot the state might must pay, includes knowledge from many sources, and “could also be advanced and take a while,” she stated.
The case is Delaware v. Pennsylvania, courtroom file 22O145.
Delaware
Thousands of Delawareans visit food pantries ahead of Thanksgiving holiday
Turner said the need has been critical since the start of the pandemic, even with the government aid in the first few years.
“While all of those interventions that were in place, we actually saw a decrease in the number of people coming out to the food bank,” she said. “When those ended, inflation also hit. So since then, it’s just been a huge demand in our community.”
The Wilmington food pantry Gracia visited this week has been sponsored over the past six years by state Rep. Kim Williams, D-Stanton, and state Sens. Jack Walsh, D-Pike Creek, and Spiros Mantzavinos, D-Elsmere.
“It’s just a resource we want to provide to those who may need a little more extra help during the holiday season,” Williams said. “We’re happy to do this.”
Turner said while it’s the holiday season, it’s also important to remember many Delawareans are food insecure year-round. A 2022 study from Feeding America, a nationwide network of food banks and pantries, shows more than 120,100 Delawareans are facing hunger, 37,680 of them are children. That means 1 in 8 people and 1 in 6 children in the First State are food insecure.
“Come January, our donations are going to drop significantly,” Turner said. “So we encourage people to keep our neighbors in mind during those cold winter months when oftentimes low-income people are choosing between heating their home or buying groceries.”
Delaware
Newark approves recreational weed dispensary, still ways to go before opening
Delaware communities prepare for legal weed in 2025
Delaware municipalities prepare for the recreation marijuana industry, which is set to open legal retail shops in April 2025.
Newark remains on track to be a competitive city for recreational marijuana in Delaware.
Two marijuana-related ordinances were approved at the Nov. 25 City Council meeting. The Council updated the city code regarding adult recreational use to match state law, as well as approved a special use permit for the eventual operation of a recreational dispensary in the city.
A special use permit allowing Fresh Delaware to operate in the city as a recreational marijuana business with cultivation, manufacturing and retail was approved with a unanimous vote.
“I think that Newark City Council can take a lot of pride in the fact that there are other towns and counties that are literally lost in the wilderness on this because they didn’t get things done in time,” Mayor Jerry Clifton said.
Fresh Delaware moves to open retail dispensary
Fresh Delaware and the area surrounding it was re-zoned to allow recreational marijuana cultivation, manufacturing and retail in August, but it required a special use permit from the city. Now, Fresh Delaware only has the state’s conversion process left to complete before it can shift from medical-only sales.
City council members uniformly had positive reviews for the representative of Fresh Delaware present at the meeting.
“You were a good neighbor,” Councilmember Corinth Ford said.
Fresh Delaware cultivates and manufactures its own product, and has an additional location in Seaford. It is one of the 13 medical dispensaries in the state. There is another area in Newark zoned to allow recreational marijuana business toward the Maryland border.
Fresh Delaware is on track to open for recreational sales in the spring, according to the state Office of the Marijuana Commissioner. Spring is the statewide goal for retail openings, though the store still has a ways to go on its conversion track.
Where other Delaware cities stand
As Newark approves a recreational business, other cities in the county are behind.
Wilmington has been back-and-forth on bans, buffers and zones while New Castle County government is discussing possible buffers for retail locations in December. Other cities in Delaware, including Rehoboth, Lewes and Bethany, banned retail altogether.
Wilmington recently asked the state to change the law to get a cut of any sales tax, but Mayor Jerry Clifton said he wants to take a wait-and-see approach on how the state government responds to its request.
Newark mirrors state code in recreational usage
The council updated the city code around recreational usage, updating its code to match the state. The city code now reads that people 21 and older can privately use a personal quantity of 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9 THC.
Public use is still a criminal misdemeanor, however, and using while under 21 years old is a civil violation. Smoking marijuana in public also violates state law. City solicitor Paul Bilodeau said private consumption can include someone’s backyard.
Some council members had ideas about how to regulate potential parties where the smell could spread from multiple smokers, but no official action was taken on those ideas.
The ordinance was approved unanimously by City Council.
“We are in a strange world where it is legal to consume marijuana in private, but it is illegal to buy it,” Bilodeau said.
Delaware
Delaware County man speaks out following 2 crashes within hours outside Ridley Township home
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