January 2019

Well, no sooner had we hit “publish” on our last post (which ended with, “let’s wait for the transcript”), that the court reporter posted the transcript. Whoa, fast.

Read and analyze away, friends!

Transcript, Knick v. Township of Scott, No. 17-647 (U.S. Jan. 16, 2019)

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As Professor Gideon Kanner likes to remind us, eminent domain has been characterized as “the dark corner of the law.” We thought back to that phrase when we joined the queue outside of the Supreme Court this very dark (and very cold) morning, for the rehearing in the Knick v. Township of Scott case

We have mostly avoided the most recent kerfuffle about the southern border wall (or fence, take your pick) for a few reasons.

First, the signal-to-noise ratio is pretty bad at the moment, and that usually isn’t a good predictor for rational conversation. Second, others are covering the subject much better than we ever could. See

It wasn’t going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After all, the case involved a federal takings claim in federal court, which the district court dismissed because

Here’s the decision in a case we’ve been following from afar in which our colleagues Anthony Della Pelle and Robert McNamara are on the side of property owners, Borough of Glassboro v. Grossman, No. A-4556-17T2 (Jan. 7, 2019). 

This is redevelopment, New Jersey style. We ask that you read the opinion (it isn’t terribly

Our final 2018 post focused on what we thought was the biggest case of that year, and which, we’re predicting, will be the biggest case of 2019: Knick v. Township of Scott, No. 17-647, that’s the one in which the Supreme Court is considering whether federal takings claims can be brought in federal court