Here are the latest briefs in a case we’ve been following. In Colony Cove Properties, LLC v. City of Carson, 640 F.3d 948 (9th Cir. 2011), the Ninth Circuit affirmed the dismissal of a property owner’s claim that the city’s mobilehome rent control ordinance is a taking. The district court dismissed the facial
Merits Brief In Sackett: Can A Property Owner Contest EPA’s Assertion Of “Wetlands” Jurisdiction?
What is a property owner to do when faced with a regulatory agency asserting that its permission must be obtained before the property can be used, when the property owner believes that the agency does not have authority over her land?
According to the agency, the property owner has two choices: she can either file
Amicus Brief In RLUIPA Case: Planning Is A “Compelling Interest” Justifying Denial Of Church’s Request For Rezoning
Update: cert denied.
This might be academic at this point, since this case was up for consideration by the Court at the September 26, 2011 conference and it didn’t make the grant list (yet). But the amicus brief filed by the local chapter of the American Planning Association in City of San Leandro v.
CLE Report: Government Ethics, Free Speech, And Voting Rights
As part of the Fall Meeting of the ABA’s Section of State & Local Government Law in Tucson, on Thursday, September 22, I was on a panel discussing the Supreme Court’s recent decision in Nevada Commission on Ethics v. Carrigan, “Ethical Considerations for Municipal Attorneys: Caught in the Crosshairs Reconciling the Rules of Professional
Is Eminent Domain A “Civil Rights” Issue?
We recently asked “Is Kelo A Conservative Issue?,” and the the Ricochet blog asked the related question “Is Eminent Domain a Civil Rights Issue?.”
In that vein, check out the above video from Reason about one case where “redevelopment” certainly seems to have raised civil rights concerns.
Fla App: What Is The “First Written Offer?”
Under Florida eminent domain law the property owner whose property is taken is entitled to attorney’s fees “based solely on the benefits achieved for the client.” The statute defines what “benefits” means:
As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlement and the last
HAWICA Oral Arguments In Appeal About From Where “Height” Is Measured
It can be difficult to piece together the full scope of the issues and arguments in an appeal from the oral arguments alone. Most often, arguments cover narrow issues of concern to the judges, and the advocates do not have the opportunity to cover every argument in the time allotted (that’s what the briefs are
SCOTUS Reviewing State Court’s Land Grab In Navigability Case
The top-side brief and supporting amicus briefs have been filed in a case we’ve been following, PPL Montana v. Montana, No. 10-218 (cert. granted June 20, 2011).
In PPL Montana, LLC v. State of Montana, 229 P.3d 421 (Mont. Mar. 30, 2010), the Montana Supreme Court disregarded 100 years of private or
Too Soon Old And Too Late Smart: A Jurist Offers His Kelo Mea Culpa
Update: More thoughts on the apology from Gideon Kanner , the Queens, NY-based property owners’ blog Willits Point United, and from eminent domain scholar lawprof Ilya Somin.
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Comes word from Jeff Benedict, author of the Kelo book Little Pink House, via his blog and a story in the Hartford Courant
Land Use Cases Of Interest
Here’s a list of land use and related cases that are worth following, or that have been decided in the last year. [Cases in which we are or were involved are indicated by an asterisk]
- The Hawaii Intermediate Court of Appeals heard oral arguments last week in the Maui Lani case, involving estoppel and