2016

Here’s the property owners’ Merits Brief, filed earlier this week in the case in which the U.S. Supreme Court is considering the “parcel as a whole” doctrine in regulatory takings (also known as the “denominator” issue).  

The Wisconsin Court of Appeals held that the owners did not have their property taken because

Here’s the amici brief we’re filing today on behalf of the National Federation of Independent Business Small Business Legal Center and the Hillsborough County Chapter of the NAACP in support of a cert petition now pending at the Supreme Court.

The case centers around a “class of one” Equal Protection claim in which the plaintiff/petitioner alleges

Charlotte

Urban property at the intersection of two main thoroughfares can be pretty valuable. It’s about location, for sure, but it’s also about visibility and the ability to be seen from four directions.

Charlotte, NC needed a part of such property for a rail line extension. The rail will be in the middle of the road

Here’s what we are reading today: 

In a ruling that no one who was paying attention could claim to be surprised by, the Hawaii Supreme Court yesterday issued a 4-1 memorandum opinion holding that the “agricultural lands” section of the Hawaii Constitution isn’t self-executing, and which approved the State Land Use Commission’s reclassification of land on Oahu from agricultural to urban

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

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 amProperty 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

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