July 2021

Iin North Mill Street, LLC v. City of Aspen, No. 20-1130 (July 27, 2021), the U.S. Court of Appeals for the Tenth Circuit held that a claim that the city’s denial of a rezoning application to allow residential development effected a taking was not ripe because the city’s process also allows a property owner

Programming note: as we noted here, we’ve recently moved our email subscribers to a new service. If you are already subscribed to our email updates you should not need to do anything, except look for the emails coming from Feedblitz, not Feedburner. If you want to sign up for email updates anew


Talk amongst yourselves.

We’ve had our say, so in this post — the sixth and final post in a series of deeper dives about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid , No. 20-107 (June 23, 2021) — we’re linking to what others are saying about the case.

Here are all

In this post — the fifth and penultimate post in a series of deeper dives that we’re posting about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be trying to take some educated guesses about what the decision means for the future.

Here are

IMG_20170323_142808

Here’s one we’re now following, thanks to a heads-up from a northern colleague.

The Supreme Court of Canada has granted leave to appeal in a case involving what Canadian law calls “de facto expropriation” (what we’d call “regulatory takings”).

Before you review the Application for Leave to Appeal by the property owner, and the

The State of New York needed a strip of the owner’s property for a “greenway” for walkers and bikers. The State and the owner agreed that if the owner believed that the advance payment of $300k was not enough, it could ask the Court of Claims for more. But they also agreed that if that

We’re not going to pretend that we can actually read what the Supreme Court of Puerto Rico’s opinion in Administración de Terrenos de Puerto Rico v. Ponce Bayland Enterprises, Inc., No. CC-2019-212 (June 29, 2021) says. It’s in Spanish and we don’t know Spanish. Wish we did, truly.

But hey, that’s what Google Translate