The Solicitor General has filed the United States’ Brief in Opposition in AmeriSource Corp. v. United States, No. 08-497 (cert. petition filed Oct. 15, 2008).
In that case, a pharmaceutical company whose legal prescription drugs were seizedas evidence against a third party by the federal government which thenlet the expiration date pass rendering the…
In a brief memorandum opinion, the New York Court of Appeals (the state’s highest court) today affirmed the Appellate Division’s decision in Aspen Creek Estates, Ltd. v. Town of Brookhaven, a case challenging a municipality’s ability to take property for farmland preservation. The court held:
Petitioner contends that the United States Supreme Court’s…
Some interesting reports filtering across my screen today:
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The Federalist Society has posted audio of a January 24, 2009 debate — The Apology Resolutions and the Akaka Bill — between Professor Gail Heriot and Professor Davianna McGregor which was held at the Western Conference at the Reagan presidential library in Simi Valley, California. Note: the file is a 15mb mp3.
A very important decision by California’s Third District Court of Appeal, exposing the fantasy behind the Kelo majority’s conclusion that decisions to take property are most often the result of an objective process and comprehensive and carefully considered planning. In City of Stockton v. Marina Towers LLC, No. C054495 (Feb. 13, 2008), the court…
In United States v. 480.00 Acres of Land, No. 07-13584 (Feb. 11, 2009), the US Court of Appeals for the Eleventh Circuit (which covers Alabama, Florida, and Georgia), held “in order for a fact finding body to ignore a regulation in calculating ‘just compensation’ for a given piece of property, the landowner must show…
The Hawaii Federalist Society sponsored a debate today at the University of Hawaii Law School on issues in the ceded lands case, Hawaii v. Office of Hawaiian Affairs,No. 07-1372 (cert.granted Oct. 1, 2008).
One one side, U.H. lawprof Carl Christensen, arguing that the Hawaii Supreme Court’s decision enjoining the State from doing…
Thanks to Damon Key colleague and fellow law blogger Mark Murakami for letting us know about the new RSS feed launched by the Hawaii appellate courts. The feed contains links to newly published opinions, memorandum opinions, summary disposition orders, grants and denials of cert, and other orders of the appellate courts (Supreme Court and Intermediate…
It looks the one of the landowners under the threat of eminent domain in New York City’s Manhattanville (aka West Harlem) neighborhood has a blog about his fight. Check out My Land is Mine, with posts by Nick Sprayregen, owner of Tuck-It-Away, a self storage facility threatened with condemnation to allow Columbia University to…
Head’s up on an interesting case from the Court of Federal Claims, Resource Investments, Inc. v. United States, No. 98-419L (Court of Federal Claims, Jan. 23, 2009), a massive opinion (84 single-spaced pages) with what at first glance seems to delve into just about every regulatory takings theory known: temporary takings, categorical takings, partial…
