Here’s a short one for your just compensation files. In County of Dakota v. Cameron, No. 19HA-CV-09-3756 (Mar. 26, 2012), the Minnesota Court of Appeals held that Minnesota’s “minimum compensation” statute, “is ambiguous and that statutory intepretation is appropriate.” Slip op. at 7. The statute provides:
When an owner must relocate, the amount…
The issue in in Filarksy v. Delia, No. 10-1018, yesterday’s opinion in which the unanimous Supreme Court held that a private lawyer who was retained by a local government is entitled to assert qualified immunity, was whether the lawyer was prohibited from asserting the defense merely because he was not formally employed by the…
We’ve been meaning to post the latest developments in a case we’ve been following, two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other an administrative appeal (that’s a writ of administrative mandate for you Californians) against the State of Hawaii Land…
Today, the U.S. Supreme Court issued a unanimous opinion (by Chief Justice Roberts) in Filarksy v. Delia, No. 10-1018, holding that a private lawyer who was retained by a local government is entitled to assert qualified immunity. Along with my colleagues at the ABA Section of State and Local Government Law, I filed an…
Last Friday, we noted that the Supreme Court was scheduled to consider whether to accept cert in Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case challenging New York City’s residential rent control law as a taking, among other things.
However, according to the Court’s docket report this morning, the…
Most likely, by the time you read this, the Supreme Court will have decided whether to grant cert in Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case challenging New York City’s residential rent control law as a taking, among other things. Today, you see, is the day the Court…
Several lessons from the Ninth Circuit’s opinion in Oklevueha Native American Church of Hawaii, Inc. v. Holder, No. 10-17687 (Apr. 9, 2012), a case involving the First Amendment and the Religious Freedom Restoration Act:
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Update: some have reported difficulty with finding the How Appealing link below. Here’s a direct link to the issue.
The latest issue of Appellate Issues, the quarterly publication of the ABA’s Council of Appellate Lawyers is out, and features our article, “Preparing an Effective Appellate Brief – The Expert View.”
Also included…
Here’s the latest in the federal court reapportionment lawsuit, filed last week (we represent the plaintiffs). Above is the audio archive of my appearance yesterday morning on KHVH’s Rick Hamada Program. KITV also aired this report on the case. Posted below is the District Court order granting the request for a three-judge district court.
Our Cincinnati colleague Matt Fellerhoff has posted his thoughts on an interesting case from the Ohio Supreme Court, Clifton v. Village of Blanchester, No. CA2009-07-009 (Mar. 1, 2012). The case involves whether an owner whose property is located outside village limits can bring a takings case against the village. The Ohio Supreme Court held…
