This just in in a case we’ve been following. In In re Certified Questions, No. 161492 (Oct. 2, 2020), the Michigan Supreme Court responded to the federal court’s certified question about whether, under Michigan’s statutes, the governor has the authority to effectively extend a declared state of emergency by terminating an expiring declaration
Ninth Circuit, Over Dissent, Denies Injunction For Church COVID Restrictions
This one doesn’t involve a takings claim, but since we’re tracking the cases involving coronavirus-related shut down orders and restrictions, we thought we would post this here too.
In Harvest Rock Church, Inc. v. Newsom, No. 20-55907 (Oct. 1, 2020), a panel of the Ninth Circuit rejected a church’s request for an injunction
Burying The Lead: No Taking When City’s Water Pipe Replacement Program Alleged To Result In More Danger To Owners’ Properties
Here’s the latest in a case we’ve been following.
In Berry v. City of Chicago, No. 124999 (Sep. 24, 2020), the Illinois Supreme Court avoided the analysis that split the court of appeals, and upheld the dismissal of a very “torty” inverse condemnation claim. The plaintiffs alleged that the City of Chicago’s program
In Which We Go Over To The Dark Side: Our Guest Appearance On The Pendulum Land Podcast (SPAM, Takings, Star Trek/Wars, and More!)
We were honored to be a guest on an episode of the Pendulum Land Podcast. Here’s the description from the show notes:
Hawaii inverse condemnation lawyer and William and Mary Law School adjunct professor Rob Thomas joins your hosts to discuss recording his classic single “Smooth” with Carlos Santana, whether the COVID moratoriums on
Cert Petition: Can A State Agency Decide Whether There’s Been A Taking?
Here’s the latest development in a case out of Maryland that we’ve been following for a while.
This is the one where Maryland Reclamation Association bought land back in 1990 to operate a rubble landfill. But after the purchase, the County changed its regs to prohibit (guess what) … rubble landfills. Mesne litigation ensued
There’s Still Room: Join Us For The 17th Annual Brigham-Kanner Property Rights Conference (Online, Free!)
Although it is set to launch this Friday, October 2, 2020, there’s still more than enough time to register (and room at the inn) for you to join us for the 17th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School.
Like everything else this season, the Conference is online (
Considered In Today’s SCOTUS Conference: What Triggers The Takings Statute Of Limitations?
Today, the U.S. Supreme Court is considering our cert petition during the Court’s “long conference.”
This is the case focusing on the interplay between Williamson County‘s “final decision” ripeness rule and the “case and controversy” injury-in-fact standing requirement, and asks: if the government makes its final decision, but the plaintiff isn’t injured until
Miss App: Takings Statute Of Limitations Didn’t Expire Because There Was No Taking (And Even If There Was One, The Claim Is Too Late)
The plaintiff owned property down in the land of the Delta Blues. The intersection of Highways 61 and 361 in Coahoma County, Mississippi. That’s a pic of the courthouse, taken a few years ago, by the way (yeah, we went there).
The owner tried several businesses there, first a blues club, then another club
Earthquake In Ohio: The Jury Should Decide Lucas And Penn Central Takings After State Shut Down Injection Wells For Causing Earthquakes
What place do you think of when you hear the word “earthquake? Most likely California, we’re betting.
And it’s also very likely that you didn’t think “Ohio.”
Well, that’s probably what everyone involved in the Ohio Supreme Court case State ex rel. AWMS Water Solutions, LLC v. Mertz, No. 2019-0493 (Sep. 23, 2020) thought