The Supreme Court will not be reviewing the case in which a Manhattan property owner and developer was challenging the compensation awarded by New York courts for a taking near Lincoln Center. River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012).
New York’s…
How hard is it for the government to obtain a Williamson County dismissal that a federal takings claim is not ripe for federal court reivew? Not too hard, says Justice Souter.
Justice Souter? But wait, didn’t he retire, you ask? Recall that Supreme Court justices who retire from the Court don’t really “retire” in the…
Today’s post is by our colleague Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.
They say revenge is a dish best served cold.
But in Filarksy v. Delia, No. 10-1018 (Apr. 19, 2012), it apparently came with a side dish of “in your face victory dance.”
Check out this story about Mr. Filarsky’s reaction to his unanimous Supreme Court win in that case.
Disclosure: along with my colleagues…
Here’s the motion for preliminary injunction we filed yesterday in the federal lawsuit challenging Hawaii’s exclusion of military personnel, their families, and university students who do not pay resident tuition, from the population count when reapportioning the state legislature.
The U.S. Census includes everyone who is a “usual resident” of Hawaii in its count of…
It’s always a safe bet to predict that the Supreme Court will decline to review a case. Statistics, after all, are on the side of “cert denied” regardless of the substantive merits of a case.
But there are some cases, like Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case…
In a per curiam unpublished decision, the U.S. Court of Appeals for the 11th Circuit affirmed the district court’s dismissal in Crystal Dunes Owners Ass’n v. City of Destin, No. 2011-14595 (Apr. 17, 2012) (per curiam opinion here, or below).
The plaintiffs own a strip of private beach in Destin, Florida. If the…
Here is the Petition for Rehearing En Banc, in Bywaters v. United States, No. 2011-1032 (Fed. Cir. Mar. 1, 2012), an opinion we detailed here. In that case, a split panel of the Federal Circuit held that the property owner’s request for attorneys fees under the Uniform Relocation Assistance and Real Property…
Your mission, should you choose to accept it: read Henderson v. City of Columbus, No. A-11-060 (Apr. 3, 2012), without creating bad puns about what a “crappy” or “stinky” case it must have been.
Why? Well, in that case, the Nebraska Court of Appeals held that the failure of the city’s sewage “lift station”…
The editorial in today’s Honolulu Star-Advertiser writes:
The state Supreme Court’s ruling in January that determined how boundary lines should be drawn for this year’s election in August made scant reference to the agency created primarily for that purpose: the U.S. Census Bureau. That is why a lawsuit in federal court should result in the…
