Just over a month ago, the U.S Court of Appeals for the Fourth Circuit held that a federal takings case could actually proceed in federal court. Well yesterday, the same court issued a similar opinion in a related case, Town of Nags Head v. Toloczko, No. 12-1537 (Aug. 27, 2013).
We won’t go into detail because this post, by J. David Breemer at Pacific Legal Foundation (who also is counsel for the prevailing property owners) sets it all out very well. But the decision involves abstention (Federal Courts law school flashback), Williamson County, and beaches and public trust, so it’s well worth a read on its own.
If that doesn’t grab you, then nothing will!
Town of Nags Head v. Toloczko, No. 12-1537 (4th Cir. Aug. 27, 2013)