Appeals from motions to dismiss can be very unsatisfying, even for the winner. Granted, from a doctrinal standpoint, they’re pretty good at clarifying the law. And from a practice standpoint, the courts’ opinions often help future lawyers and litigants figure out how to plead cases, and frame issues. And the party who wins the appeal
Ordinance Banning Industrial Mineral Mining Not A Regulatory Taking – But What About Palazzolo?
Challenging an ordinance that the court characterizes as an “even-handed” zoning regulation, even if it outlaws an existing conditional use, is going to be a tough one for a plaintiff. In theory, it need not be, given the right conditions. But any zoning lawyer will tell you that it is tough to overcome most courts’
South Carolina: No Segmenting A Taking – Once Condemnor Takes Property, Loss Of Indirect Access Is Compensable
We think you should pay attention to the South Carolina Supreme Court’s opinion in South Carolina DOT v. Powell, No. 2016-000594 (Aug. 8, 2018). Indeed, it is a short opinion, and worth a read in its entirety. The reason why we think it is important is that it analyzes an issue that confuses many: the
“A Lawyer May Spend A Lifetime Working For That One Magnificent Hour” – ND Court Awards Fees For “A Good Day”
We usually don’t cover trial court orders, but this one is short, and, we think, worth your time reading.
The issue before the North Dakota District Court (Ward County) was the award of attorneys’ fees following a successful necessity challenge by a landowner. In North Dakota, the award of fees and costs to
Nevada: “Taking” Occurs Upon “Substantial Government Interference” With Property Rights
A quick one from the Nevada Supreme Court (pictured above).
In Clark County v. HQ Metro, LLC, No. 71877 (Aug. 2, 2018), the unanimous court concluded that the owner of property at the time the condemnor obtained an order of possession (in Nevada, the term apparently is “order of occupation”) is the party entitled
Litigation As A Substitute For Legislation? Coverage Of Our ABA Section’s Federalism CLE
One of our last acts as Chair of the ABA’s Section of State and Local Government Law was to green light a CLE program at the recent Chicago annual meeting entitled “State Attorneys General and Federalism in the Obama and Trump Eras.”
The title kind of gives it away, but the main topic
Hawaii Telescope – Been There, Done That: Cultural Property Ownership Gets You Only A Public Hearing If You Have Other Chances To Make Your Case
One of the problems with high-public-profile cases like the multiple challenges to the “Thirty Meter Telescope” up on the top of the Big Island’s Mauna Kea, is that when the court issues an opinion, the public focuses only on the result, mostly from a policy perspective. Who won? Did the court invalidate the TMT permits?
11th Cir: No Uber Taking – Taxi Medallion Does Not Give Right To Exclude Others From Transportation Marketplace
No surprises in the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Checker Cab Operators, Inc. v. Miami-Dade County, No. 17-11955 (Aug. 6, 2018). As the caption suggests, this is another one of those takings claims brought by “traditional” taxicab operators against a local government for its refusal to keep ridesharing services
Con Law Quiz – Takings Pilgrimage
Super Takings (or Due Process) Nerd alert: what should-be-famous-but-isn’t SCOTUS case involved what is now this property?
Extra credit: why is the case important?
Location clues are all in photo.
Answer and more details is a subsequent post.
ABA State And Local Govt Law Section – 2017-18 Chair’s Report: The Year of Living Creatively
My year as the Chair of the ABA’s Section of State and Local Government Law is coming to a close. I’m in Chicago this week at the Annual Meeting, ready to hand over the gavel to my colleague, friend, and successor, Ron Kramer. Below is my 2017-18 report on the Section’s highs and lows