We’re certainly not going to delve in detail into the 109 single-spaced pages of the majority and dissenting opinions in the New York Court of Appeals’ ruling in Regina Metro. Co., LLC v. N.Y. State Div. of Housing and Community Renewal, Nos. 1-4 (Apr. 3, 2020). New York’s rent control law is infamously labyrinthine
Another Complaint Challenging Emergency Shut-Down Orders As Takings
Here’s another complaint (here’s the first) challenging a state’s business shut-down order as a taking. This time it is Colorado, and the complaint seeks an injunction and compensation.
Here are the highlights:
- “As a result of the [shutdown] Orders listed above that restrict the gathering of more than ten people at a time,
CA4: No, Your Dog Being Killed By Adopted Violent Shelter Dog Isn’t A Taking
Suppose you’re walking your pooch “Kaiser” in the local dog park. Another owner is walking his dog “Odin” in the same park. Off-leash Odin attacks you and Kaiser, unfortunately killing Kaiser.
Those bastards took Kaiser, my property! A total wipeout Lucas taking (after all, you plainly have been 100% deprived of both the use and
New Article: Ninth Circuit’s Latest Foray Into Lucas And Penn Central Takings
Here’s an article, just published in the American Planning Association’s monthly magazine, Planning (read the entire April issue here), summarizing the Ninth Circuit’s latest foray into regulatory takings, Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, No. 18-15738 (9th Cir. Feb. 19, 2020).
Federal Court: “Takings law is difficult” (But Let’s Not Cross That Bridge Just Yet In Bump Stock Case)
Thanks to lawprof Josh Blackman for pointing out this Order from a federal district court dealing with the “is the government’s outlawing bump stocks a taking” question. See Blackman, District Court Finds Bump Stock Ban May Constitute a Taking, Because the Federal Government Lacks a Police Power (Volokh Conspiracy).
We’ve delved into the issue
Backing Back Into Williamson County: Federal Court Case Tees Up 11th Amendment Immunity For Takings
We don’t usually post trial court decisions, but when one comes along that tees up some interesting issues and is likely to get pushed further up the food chain, we’re all ears.
That’s the case with the Eastern District of North Carolina’s order in Zito v. North Carolina Coastal Res. Comm’n, No. 2:19-CV-11-D (Mar.