We usually don’t cover decisions under California’s Environmental Quality Act. You could spend your entire legal career doing these kind of cases, and there are other forums which ably follow CEQA.
But we had to make a mention of the California Court of Appeal’s recent opinion in Preserve Poway v. City of Poway
No real surprise here: in Southeast Arkansas Hospice, Inc. v. Burwell, No. 15-1946 (Mar. 10, 2016), the U.S. Court of Appeals held that the statutory cap on Medicare reimbursements for hospice care isn’t a taking of the excess over a facility’s actual costs, because the facility voluntarily opted-in to the program:
SEARK has not
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The Nollans own a beachfront lot in Ventura County, California. A quarter-mile north of their property is Faria County Park, an oceanside public park with a public beach and recreation area. Another public beach area, known locally as “the Cove,” lies 1,800 feet south of their lot. A concrete seawall approximately eight feet high separates |
Read this: “The Accidental Abstention Doctrine: After Thirty Years, the Case for Diverting Federal Takings Claims to State Court Under Williamson County Has Yet to Be Made,” by R.S. Radford and Jennifer Fry Thompson, published in the most recent edition of the Baylor Law Review.
If the title weren’t enough to
The roof collapsed and damaged the building. In the view of the City, that created an immediate danger so it demolished it. But the building owners had plans to fix it up, and claimed the demolition was a taking. Trial court said no, the Connecticut Appellate Court affirmed:
On the basis of our review
The land use and zoning game can be pretty strange to the uninitiated. If that description includes you, here’s your chance to get initiated. The American Planning Association is sponsoring a webinar about “Rules of the Game: A Framework for Fair and Effective Zoning Hearings,” on Monday, March 7, 2016. Here’s the
Here’s the long story short in Metropolitan Theater, LLC v. YES Prep Public Schools, Inc, No. 01-15-00480 (Feb. 25, 2016), a decision from the Texas Court of Appeals:
The theater sued “YES Prep Public Schools” because (allegedly), the school screwed up the theater’s agreement to buy a parcel of land from a third party.
As we noted here (“Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights“) the U.S. District Court for the District of Hawaii is considering a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.
At