Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In that case, California mobile home park owners are asking the Court to review the decision of
Cal Ct App: To Have An Inequitable Precondemnation Activities Claim, The Activities Must Be “Precondemnation”
In City of Los Angeles v. Superior Court, No. B225083 (Apr. 12, 2011), the California Court of Appeal (2d District) held that the trial court erroneously entered summary judgment and awarded a property owner damages under an inverse condemnation theory against the city for inequitable precondemnation activities (aka “condemnation blight”). The owner showed that
Of DIBEs, Rose Acre Farms IV, And Cienega X: Federal Circuit Considering Penn Central
In CCA Associates v. United States, No. 97-334C (Jan. 29, 2010), the U.S. Court of Federal Claims held that two federal statutes worked a taking under the three-part Penn Central test because it abrogated the rights of the owner of a Louisiana apartment building to prepay its way out of providing low income housing.
Is Times New Roman For Losers?
Today’s post by our colleague Rebecca Copeland on her Record on Appeal blog, The Great Font Debate, got us to thinking. Inspired by an Above the Law post that argues that “Times New Roman = I don’t care,” Rebecca writes about the various recommended typefaces for use in briefs. Also, we are in the
7th Circuit Rejects Takings Claim On The Merits. But How?
Here’s Bettendorf v. St. Croix County, No. 10-1359 (Jan. 20, 2011) a 2-1 decision from the U.S. Court of Appeals for the Seventh Circuit, another regulatory takings opinion we’ve been meaning to post for a while. The case involves a property owner’s claim that the county’s changing the zoning on his land from commercial
HAWICA: No “Compelling Circumstances” Compelling Release Of Obama Birth Certificate
We hesitated to post this opinion since it is way off-topic for the usual subjects of this blog, and the subject matter is something that has a tendency to flush out the extreme elements. But what the heck — it’s an interesting case, whichever side of this you might be on.
Besides, it’s a great
The 4th Circuit’s Entry In The Bulwer-Lytton Contest
We’ve had the U.S. Court of Appeals for the Fourth Circuit’s opinion in Henry v. Jefferson County Comm’n, No. 09-1546 (Mar. 3, 2011) near the top of our to-read list for a while, because it is a regulatory takings case. But after finally reading it, realized that the opinion is a must read for
Wednesday Round-Up
Here’s what we’re reading today:
- From our colleage Anthony Della Pelle at the New Jersey Condemnation Law Blog – “When a Private Beach is Really Not Private,” about the recent spate of beach cases, including Severance v. Patterson case from Texas, and City of Long Branch v. Liu from New Jersey. Also from
Coming Attractions: Kelo’s Eminent Domain Fight Coming To TV
Little Pink House
, Jeff Benedict’s book about the Kelo v. City of New London case, looks like it is going to become a TV movie. According to this story in The Day (the New London paper):
Author Jeff Benedict has sold the rights to his book about the battle in New London over eminent
New Article: Voting As Speech When A Government Official Has A Conflict Of Interest – “Analogy Gone Wild” Or First Amendment Right?
The April 2011 edition of the Zoning and Planning Law Report (West/Thomson Reuters) features my article Supreme Court Preview: Voting as Speech When a Government Official Has a Conflict of Interest – “Analogy Gone Wild” or First Amendment Right?, 34 Zoning & Planning L. Rptr. (Apr. 2011), which summarizes the issues in Comm’n on