Here's what we're reading today:
- Here's the recording of the recent webinar on the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Mgm't Dist., No. 11-1447 (June 25, 2013), featuring Paul Beard II, arguing and prevailing counsel. Go here, sign in, and listen for free.
- Our Owners' Counsel colleague from New Jersey, Anthony Della Pelle, has posted some thoughts on the New Jersey Supreme Court's recent decision in Borough of Harvey Cedars v. Karan, No. 070512 (July 8, 2013). That's the case about valuation issues when there's a partial taking of littoral property in order to erect protective dunes. Tony's thoughts are well worth reading.
- In that vein, on Wednesday, August 14, 2013, starting at noon ET, we'll be joining Tony and other experts to speak at the New Jersey Institute for Continuing Legal Education's teleseminar on "Eminent Domain and Regulatory Takings: 2014 Update." We'll be talking the Harvey Cedars case, Koontz, and legislative developments in the Garden State. More details to come shortly.
- More plastic bag bans, this time from our old friend, Marin County, California. In Save the Plastic Bag Coalition v. County of Marin, No. A133868 (Cal. App. June 25, 2013), the Calfornia Court of Appeal upheld the County's determination that its ordinance banning plastic grocery bags and imposing a fee on paper bags was categorically exempt from CEQA. There's a law review article in here somewhere, as this joins a list of other California cases that have dealt with challenges to local plastic bag bans. See here, here, and here, for example.
- Finally, check out Dean Patty Salkin's write up of a recent takings case from the Tenth Circuit, "10th Circuit Court of Appeals Rejects Landowner's Takings and Due Process Claims that Ordinance Restricting Manufactured Homes Violated Constitutional Rights."