September 2015

Here’s the cert petition you knew was coming, which asks the U.S. Supreme Court to review the California Supreme Court’s decision upholding the City of San Jose’s “inclusionary housing” requirement by applying rational basis review. The California court held the requirement was not an “exaction,” and was no more than a mere zoning regulation or…

I’ve put off posting this for a while, but it now feels like the right time.

Back in May, Chuck Hurd — an old mentor and colleague — passed away. When I was fresh out of law school, Chuck (known as “CHH” to us in the firm) was one of the first experienced lawyers to take…

We visited Think Tech Hawaii’s downtown studios for a chat with Chris Lethem about Evenwel v. Abbott, the one-person-one-vote reapportionment case currently being briefed in the U.S. Supreme Court. As we’ve written, Evenwel could directly affect how Hawaii has reapportioned its legislature since statehood, and is a case to follow closely.

We…

Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.

It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was…

Here’s one from the Connecticut Appellate Court which combines two of our favorite geeky topics: takings and muni law.

In Turn of River Fire Dep’t, Inc. v. City of Stamford, No. AC 36468 (Sep. 15, 2015), the court concluded it was not a violation of the Takings Clause for the voters of the city to amend…

Here’s what we are reading today, eminent domain with a slightly offbeat theme:

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From the Texas Court of Appeals in Sloan Creek II, LLC v. North Texas Tollway Authority, No. 0-5-14-1456-01456 (Aug. 28, 2015):

This is an interlocutory appeal of the trial court’s orders granting two pleas to the jurisdiction challenging an inverse condemnation counterclaim under article I, section 17 of the Texas Constitution. In its counterclaim…

Every year at around this time, we note the anniversary of the blog. Our first post was back in August 2006, which means that we have nine years of this under our belt. In blog years, that’s apparently a lot. 

It’s a gas to think about our favorite topics, and write up my thoughts

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From the Ninth Circuit, a published opinion in a case challenging a Napa Valley city’s mobilehome rent control ordinance, Rancho de Calistoga v. City of Calistoga, No. 12-17749 (Sep. 3, 2015). Here’s a complete summary of the issues in the case, along with the Ninth Circuit merits and amici briefs. We’ve been following it because …