The U.S. Court of Appeals for the Eleventh Circuit, in Temple B’Nai Zion, Inc v. City of Sunny Isles, No. 12-12094 (Aug. 29, 2013), held that the Williamson County ripeness doctrine did not prevent the Temple from bringing its RLUIPA (and related) claims in federal court.
The right result for sure. But wait, you
According to this story in the San Francisco Chronicle, “Eminent domain plan may have spooked investors,” Richmond, California’s plan to take underwater mortgages by eminent domain “Wall Street spurned its efforts to refinance its highly rated municipal bonds [A-minus rating], an unusual snub that cost the city nearly $4 million in lost
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
Word comes that the California Supreme Court has denied review of the Court of Appeal decision in Lockaway Storage v. County of Alameda, No. A30874 (1st Dist. May 9, 2013). The court also rejected a request to “depublish” the First District’s opinion. Congratulations are again in order for colleague Tim Kassouni, who represents
Here’s the latest in one of the federal lawsuits by the mortgage holders challenging Mortgage Resolution Partners and Richmond, California’s scheme to seize underwater mortgages by eminent domain.
On August 8, 2013, the plaintiffs filed a motion for a preliminary injunction (scheduled to be heard in San Francisco on September 13, 2013), which asks the
In Rockies Express Pipeline LLC v. 4.895 Acres of Land, No. 12-3069 (Aug. 15, 2013), the condemnor was a gas pipeline company delegated the power of eminent domain under a federal certificate of public convenience and necessity, and the property owners were the owners of several coal mines.
They disagreed about the danger posed
Here are links to the cases and other materials (and more) we spoke about at today’s conference on Eminent Domain and Condemnation in Hawaii:
Check this out: according to a story in yesterday’s San Francisco Chronicle (“Pricey homes in Richmond’s eminent domain plan“), someone has figured out exactly which properties in Richmond, California are going to get “helped” by Mortgage Resolution Partners and the city in their plan to take underwater mortgages by eminent domain.
Seems like
Your mission Dan, should you decide to accept it, is to review the competing op-eds about Mortgage Resolution Partners-backed plan for municipalities to take underwater mortgages by eminent domain, and decide which ones are good, and which ones are full of it.
Please join us this upcoming Monday, August 19, 2013 from 1:00 – 2:30 p.m. Pacific Time for a telebriefing, “Regulatory Takings Claims in California – Implications of Recent Decisions and Advice for Practitioners and Government Agencies.”
Brad Kuhn (Nossaman, California Eminent Domain Report) is the program Chair and will serve as moderator