The Township of Ocean, New Jersey downzoned the plaintiffs’ residentially-and-commercially-zoned land to “Environmental Conservation.” The EC district allows “only very low density residential development or other low intensity uses,” with a minimum lot size of 20 acres.
The plaintiffs, who own 34 acres subject the EC zoning, challenged the zoning ordinance, asserting it was “arbitrary, unreasonable
Last we checked in with the Bridge Aina Lea case, the Ninth Circuit said it would hold off on a decision until the Hawaii Supreme Court ruled in the associated state court litigation (see 9th Cir Says “Let’s Wait” On Hawaii Supreme Court To Rule In Bridge Aina Lea).
This is the federal court
Here at invesecondemnation.com, we do our best to bring you timely decisons on cases of interest from around the nation and the world. But today we’ve outdone ourselves, because we have an opinion from the Connecticut Court of Appeals, issued … next week: Dep’t of Transportation v. Cheriha, LLC, No. 155AP144
Here’s the latest in a case we’ve been following, the property owner’s cert petition, filed last week, in which a U.S. District Court invalidated a Florida county’s “Right of Way Preservation Ordinance” which allows it to land bank for a future road corridors by means of an exaction. The court concluded the ordinance
This could be your view, winging your way to San Francisco in a couple of weeks, to join us for the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation Conference (and the concurrent Condemnation 101 program), at the Hotel Nikko, February 5-7, 2015.
There’s still a few spaces left, and time to register. We’re the
It’s always a safe bet to predict that the Supreme Court will deny review in a case, and if that’s what you had guessed for Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014), today’s order list would prove you right.
That’s the case in which the Second Circuit
Perhaps lost in all of today’s excitement surrounding the Supreme Court agreeing to review the same-sex marriage cases, is today’s cert grant in Horne v. USDA, No. 14-275, the California raisin case. That’s the case in which on remand from SCOTUS, the Ninth Circuit held that “the world’s most outdated law” was not
The people of Margate City, New Jersey, voted to say “no thank you” to building dunes on the beach to limit damage in the event of another hurricane like Sandy were to hit.
But the State of New Jersey decided to do it anyway, and issued an administrative order “taking” an easement. Problem is
It’s been accepted for such a long time that it’s become one of those things that “everyone knows we’ve always done it that way,” but most probably don’t quite know why that is so: if you have to sue the United States for a regulatory taking or inverse condemnation, you go to the
Professor Richard Epstein began the Hawaii Land Use Law Conference with the keynote presentation on “Stealth Takings: Exactions, Impact Fees, and More,” which was his usual comprehensive and non-stop takedown of takings law.
Our panel on Impact Fees and Exactions After Koontz followed, and here are