When you raise 13 issues on appeal, you shouldn’t be surprised if the court balks at analyzing them all. That was the case in City of Gulfport v. Dedeaux Utility Co., No. 2014-CA-00556-SCT (Mar. 24, 2016), where the Mississippi Supreme Court didn’t address the majority of the points raised by the city on
April 2016
Big Eminent Domain Days Coming Up At The California Supreme Court
Early next month, the California Supreme Court will hear oral arguments in two cases which we’ve been closely following:
- Tuesday, May 3, 2016, 9:00 am – Property Reserve, Inc. v. Superior Court, No. S217738. The court is considering whether California’s “entry statute” which allows a condemning agency to enter property for testing and inspection
…
Mantras Without Meanings (We Takings Lawyers Predicted This One) – 8-0 SCOTUS Rules States May Count Everyone In Reapportionment
Who must may be counted for reapportionment purposes?
Everyone!
A slight detour from our usual fare, to post some thoughts about today’s big U.S. Supreme Court opinion on election law in Evenwel v. Abbott, No. 14-940. Evenwel is the sleeper case of the Term, and opened the possibility that the we might…
Government’s Role In Delay In Cleanup Of Contaminated Property Admissible In Eminent Domain Case
The only issue in Caffe Ribs, Inc. v. Texas, No. 14-0193 (Apr. 1, 2016) was whether the jury could hear evidence proffered by the property owner that the delay in cleaning up the land to make it marketable could have been attributable to the government. The trial court said no, and the court of…
Fair Housing Act And Affordable Hawaii Housing
TEXT a written report
Hadacheck Revisited: The More Things Stay The Same Dep’t…
Earlier this week, we posted our visit to the site of the U.S. Supreme Court’s decision in Hadacheck v. Sebastian, 239 U.S. 394 (1915). It’s been over 100 years since that case was decided by the Court, but to Hinga Mbogo, the Dallas auto mechanic profiled in the above video from the Institute for…
State’s Failure To Pay Interest On $169.56 Of Abandoned Property Isn’t A Taking
In most cases — as you can probably tell — we’re rooting for the property owner. But there are some cases where we’re okay with suspending our usual predilections. The case which resulted in the Oklahoma Supreme Court’s opinion in Dani v. Miller, No. 114482 (Mar. 29, 2016) is one of those.
It’s a long opinion…
