Here’s a case in which the court ruled there wasn’t a taking, but it could be argued that the property owners won. How so? Because this case pitted the property rights of railroads against the property rights of the owners over whose land the rail lines run.
The U.S. Court of Appeals asked the Louisiana Supreme
The hotel reservations link for the 2016 ALI-CLE Eminent Domain and Land Valuation and Condemnation 101 Conference is now live.
Reserve your hotel room now, via this link to ensure that you have a spot in the conference hotel. [note: link updated 7/8/2015]
We’re still working on the agenda and faculty, but here are the
You probably already knew this, but in case not. As of tomorrow, Wednesday, July 1, 2015, you no longer will be able to get the old-style plastic bags at checkout at most grocery stores on Oahu.
If you don’t already have your own bags to bring with you (so you can avoid paying the $.10
We were involved with this issue in the days leading up to the initiative election, and we represent an amicus party in this case, so we will post the court’s order without comment.
The title of this post tells you what you want to know.
If there’s one thing that keeps appellate lawyers up at night, it’s jurisdictional questions. Too late and you’re toast: failing to appeal within the short appellate time frames are usually fatal to your case. Although there’s usually no overall harm in an early filing, it can be awkward when you’ve teed up a case only
There’s a category of cases in which it isn’t difficult, with reasonable accuracy, to predict the ultimate outcome without knowing much about the substantive law. The recent ACA and marriage cases, for example. You kind of just know how they’re going to come out. Bush v. Gore, 531 U.S. 98 (2000), was another one of
In this Order, the Supreme Court has granted the cert petition in the case we’ve been following about the anti-eminent domain sign in Norfolk, Virginia. The Court vacated the Fourth Circuit judgment and sent the case back down for consideration in light of the recent ruling in Reed v. Town of Gilbert.
In State ex rel. Dep’t of Transportation v. Eighth Judicial Circuit, No. 15-19376 (June 25, 2015), the Nevada Supreme Court covered territory addressed by other courts recently (see here by North Carolina, Florida, and here by California) — whether there’s a taking when an agency with the power of eminent domain
Attend any talk by a judge which includes legal writing tips, and there’s sure to be this one: keep it as short as is necessary to make your points. Justice Kennedy’s remark that “I never read a brief I couldn’t put down in the middle” and Chief Justice Roberts noting “I can’t
One for you muni law types (and for future students of Admin Law to assist them with writing their outlines). In Ruggles v. Yagong, No. SCWC-13-0000117 (June 25, 2015), a divided Hawaii Supreme Court refined the test for determining when a municipal ordinance or charter provision is preempted by state law.
The court clarified