Check this out: the lawprof who thought up the underwater mortgage taking plan, Cornell’s Robert Hockett, along with his co-author, the “Founder and Chief Strategy Officer” of Mortgage Resolution Partners (the venture capitalists who are funding the scheme and who stand to benefit from it), have posted a new article in the Harvard Law
Upcoming IMLA Panel On Koontz, Harvey Cedars, And Lost Tree
On Monday, September 30, 2013, we’ll be speaking along with Dwight Merriam and Cecily Barclay at the International Municipal Lawyers Association’s annual meeting in San Francisco, about three important cases/issues: Koontz, Harvey Cedars, and Lost Tree.
That’s a pretty wide range of cases, but we have some time and we’re sure
Hawaii Dem Party In Open Primary Challenge: Hawaii Citizens “Think One Way,” So Don’t Reward Incompetent Parties By Violating Our Associational Rights
Here’s the latest brief in the Democratic Party’s federal court challenge to Hawaii’s “open primary” system (the Party’s reply brief, which both is its final word supporting its motion for summary judgment, and its response to the State of Hawaii’s counter-motion for summary judgment).
This brief responds to the State’s argument that
Worth Reading On Koontz: “A 20-year legal battle over a water management district’s condition for development is over – sort of.”
A link to a story worth reading about the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Management District, No. 11-1147 (June 25, 2013).
In Developing Story at Florida Trend (“The Magazine of Florida Business”), our Owners’ Counsel of America colleague Amy Brigham Boulris is quoted along with the property owner/petitioner
Fla App: Inverse Condemnation Venue Proper Where Taker’s Headquarters Located
Here’s one for all you civil procedure mavens.
The Florida District Court of Appeal concluded that the Board of Trustees, sued for inverse condemnation for beach renourishment (this case is somewhat related to our old friend the Stop the Beach Renourishment case, decided by the Supreme Court in 2010), waived their objections to improper venue.
But … What If Penn Central Terminal Is Flooded?
This past term, the U.S. Supreme Court in Arkansas Game and Fish Comm’n v. United States, 133 S.Ct. 511 (2012), held that government-induced flooding could result in takings liability, even if the flooding was merely temporary. The Court remanded the case to the Federal Circuit to determine whether the flooding resulted in liability.
The
State Of Hawaii: Open Primary Is Constitutional Because Pulling A Democratic Ballot Is “An Act Of Affiliation With The Democratic Party”
Here’s some news: the State of Hawaii thinks that Hawaii has a “vibrant multi-party system.”
Really?
The reality, of course, is not only different, it is much different, as a summary of the situation by Honolulu Civil Beat (“One-Party Dominance“) points out. An overwhelmingly Democratic congressional delegation, a nearly one-party legislature, only one
CFC: No Amendment Of Complaint To Allege Judicial Taking Because Theory Not Adopted By The Federal Courts
Here’s one we’ve been meaning to post for a while. It’s a Court of Federal Claims opinion in a case involving an indian nation’s takings lawsuit, seeking compensation for its inability to challenge the 1859 conveyance of what is now the town of Southampton, New York without the required tribal consent. Shinnecock Indian Nation v.
Indiana S Ct: We Goofed
A very short opinion (2 pages) about why a trial court cannot consider issues regarding damages when the property owner failed to timely object to the report filed by the court-appointed appraisers. In Clark Cnty. Bd. of Aviation Comm’rs v. Dreyer, No. 10S01-1308-PL-529 (Sep. 12, 2013), the Indiana Supreme Court held it was not
The Latest On The Mortgage Takings Issue
It’s Monday and we’ve got a petition due Tuesday, so we’re not going to spend too much time on posting today. But we did want to update you on the latest on the mortgage front.
- A San Francisco federal judge concluded that it was too early to bring the lawsuits challenging the takings. This