Well, that didn’t take long: as we surmised back when the CDC first issued its order halting residential evictions until the end of the year due to COVID (see “How Can? U.S. DHS: National Eviction Moratorium (Roscoe Filburn Could Not Be Reached For Comment),” the order has resulted in a complaint in
No Injunction To Halt Precondemnation Entry, Since Owner Can Sue Later For Inverse
A very quick one today from the North Dakota Supreme Court. In Cass County Joint Water Resource District v. Aaland, No. 20200272 (Sep. 15, 2020), the court rejected a property owner’s request for a stay pending appeal of a trial court’s order allowing the district to enter the owner’s property “to conduct examinations, surveys
Takings Places (Preview)
The Real “Prime Directive” – Happy Constitution Day
[Barista’s note: is it any coincidence that Constitution Day is just one day — a single day! — before National Cheeseburger Day? Two awesome days in a row a coincidence? We think not.]
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing
Friends Without Benefits: CA7 Rejects Takings Claim For Obama Center Because Citizen’s Group Lacks Property Interest In Public Park
We’ve been meaning to write up the U.S. Court of Appeals’ decision in a case we’ve been following, Protect Our Parks, Inc v. Chicago Park District, No. 19-2308 (Aug. 231, 2020), but our Illinois colleague Mike Ryan was quicker on the draw.
Rather than summarize Mike’s write up, we simply suggest you go
Fed Ct: “[T]he stay-at-home and business closure components of Defendants’ [COVID] orders violate the Due Process Clause” (Applying Rational Basis Review!)
As if to respond to a sibling federal court’s recent order upholding a covid-reaction shut down orders, the U.S. District Court for the Western District of Pennsylvania’s opinion in County of Butler v. Wolf, No.2:20-cv-00677 (Sep. 14, 2020) reaches an entirely different conclusion:
The fact is that the lockdowns imposed across the United States
NY Fed Ct: “When faced with a society-threatening epidemic, state officials are empowered to … infringe federal constitutional rights. They may generally do so at their sole discretion and for so long as is necessary.”
The District Court’s bottom line in Lukes Catering Service, LLC v. Cuomo, No. 20-CV-1086 (Sep. 10, 2020)? The New York governor’s emergency orders aimed at coronavirus “imposing quarantines, mandating workforce reductions, closing schools, requiring face-coverings, and restricting activities of all types,” are not takings of the businesses of event, banquet, and catering services that
This Morning: Michigan Supreme Court Hearing Arguments: Governor’s Covid Emergency Powers Expired (And A Long-Term Pandemic Isn’t An “Emergency”)
If you are available at 9:30 a.m. Eastern Time today (Wednesday, September 9, 2020), tune in to the Michigan Supreme Court’s YouTube channel and watch and listen live as the court hears arguments in a case challenging the governor’s exercise of emergency powers to respond to the covid epidemic.
The case started in U.S. District
New SCOTUS Amicus: In Physical Invasion Takings, The Duration Of The Occupation Is Less Important Than Interference With The Right to Exclude (John Maynard Keynes Alert!)
Here’s the amicus brief we filed last week in a case we’ve been following closely, Cedar Point Nursery v. Hassid, No. 10-104 (cert. petition filed July 29, 2020).
That’s the case in which a 2-1 Ninth Circuit panel affirmed the dismissal of a complaint for failure to plausibly state a takings claim
This Thursday, Sept 10: “Governmental Emergency Powers and the Constitutional Implications Arising from Pandemic Orders” (Free to ABA Members)
Please join us and a panel of expert speakers including our friend and colleague Tony Della Pelle (see the flyer for the complete list), this Thursday, September 10, 2020 at 1pm Eastern Time for the ABA-produced webinar “Governmental Emergency Powers and the Constitutional Implications Arising from Pandemic Orders.”
Free to ABA members,