Here’s the property owners’ brief in opposition to the DOT’s request for the North Carolina Supreme Court to review the court of appeals’ opinion in Kirby v. N.C. Dep’t of Transportation, No. OA14-184 (Feb. 17, 2015).
The court concluded that the Map Act — which gives the DOT the ability to designate hundreds of
After Berman v. Parker and Hawaii Housing Authority v. Midkiff, observers of the law could not be faulted for opining that “the public use limitation is a dead letter.” See Thomas W. Merrill, The Economics of Public Use, 72 Cornell L. Rev. 61 (1986). Those two decisions, after all, seemed to leave nothing
To put on your to-buy, to-read list: lawprof Ilya Somin‘s forthcoming book about the Kelo case and the aftermath, available on June 5, 2015. (We’re in the process of organizing some book talk events with Prof Somin in the fall, and if you have suggestions for venues or want to host one, let us
Last week, the California Supreme Court heard oral arguments in California Building Industry Assn. v. City of San Jose, No. S212072, the case which challenges San Jose’s “inclusionary housing” requirement.
The Court of Appeal held that under rational basis review (and not heightend scrutiny) San Jose’s affordable housing exaction might survive because it was
Here’s one that just rolled in, from the Iowa Supreme Court. In Clarke County Reservoir Comm’n v. Edwin D. & Deloris A. Robins Revocable Trust, No. 14-0774 (Apr. 10, 2015), the court held that the Commission did not have the power of eminent domain because several of its members were private actors. The court
In AFT Michigan v. State of Michigan, No. 148748 (Apr. 8, 2015), the Michigan Supreme Court upheld a state statute which mandated a 3% reduction in public school employees’ salaries (to fund a failing school employee retiree health care system), and concluded it was not a taking because it was a voluntary giving by
Earlier, we posted the cert petition in Hillcrest Property, LLP v. Pasco County, No. 12-846 (cert. petition filed Jan. 15, 2015), which asks the Supreme Court to review the Eleventh Circuit’s decision throwing out Hillcrest’s facial substantive due process challenge to the county’s “Right of Way Preservation Ordinance.” The ordinance allows the county to land
Williamson County gives everyone grief, and if you needed any more proof, here it is.
In A Forever Recovery, Inc. v. Township of Pennfield, No. 13-2657 (Apr. 2, 2015), an unpublished opinion from the Sixth Circuit, the court upheld the district court’s award of attorneys’ fees and costs to a property owner who
What we learned from the Federal Circuit’s opinion in Shinnecock Indian Nation v. United States, No.14-5015 (Apr. 7, 2015):
Two stories to read, in tandem: