In WWBITV, Inc. v. Village of Rouses Point, No. 08-5112 (Dec. 9, 2009), the U.S. Court of Appeals for the Second Circuit held that a property owner whose building was demolished the day after it was badly damaged in a fire was not entitled to predeprivation notice.
After the building — an “old
In its annual summary of the U.S. Supreme Court term, the Harvard Law Review addresses the Court’s most important decisions, and this year includes the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1463 (2009). [Disclosure: we filed a brief in the case in support of the State, available here
We promised in our earlier post on Mann v. Calumet City, No. 09-1681 (Dec. 7, 2009) that we were going to read the egg-sucking dog case, Hull v. Scruggs, 2 So.2d 543 (Miss. 1941). We have, and present it below in its full glory.
The rule of law in the case was summarized
Here’s an opinion from the U.S. Court of Appeals for the Seventh Circuit that’s worth reading, if only to see why we like reading Judge Posner’s writings:
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On December 16, 2009, from 2 – 3 pm EST, ALI-ABA is presenting “The Aftermath of Atlantic Yards: Eminent Domain in New York,” a 1 hour program about the decision of the New York Court of Appeals in Goldstein v. New York State Urban Development Corp., No. 178 (Nov. 24, 2009):
The recent
Yesterday’s Tom Toles web only sketch from the Washington Post certainly captures one of the arguments made by Florida in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection,No. 08-11 (cert. granted. June 15, 2009, the appeal heard last week by the U.S. Supreme Court.
The argument overlooks the fact that the
No, not that Sgt Pepper taught the band to play (that was 20 years ago).
On Tuesday, December 4, 1979, the U.S. Supreme Court issued its landmark decision in Kaiser Aetna v. United States, 444 U.S. 164 (1979). My Damon Key colleagues Charlie Bocken and Diane Hastert briefed and argued a challenge to over
Since the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S. 469 (2005), the focus in public use challenges to exercises of the eminent domain power has largely focused on state courts and state constitutional protections.
The Kelo majority held that the Fifth Amendment was a “baseline,” and established a
Read this opinion: Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009).
The New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit:
In this case