Some news: as of today, February 1, 2021, I am joining my long-time friends at Pacific Legal Foundation, and as I noted in this post (“Announcement, pt. 1: Let’s Just Kiss And Say Goodbye“), have retired from the private practice of law and my firm, Damon Key Leong Kupchak Hastert.
What’s
Some news: as of yesterday, January 31, 2021, I have retired from the private practice of law, and from my long-time spot as a Director (partner) in Damon Key Leong Kupchak Hastert.
I’m not leaving the practice of law (this blog will continue in the same format) it’s just that I will
If we were to ask you for your best guess whether a state’s ban of “bump-fire” stocks (a topic we’ve covered before) effects a regulatory taking, requiring compensation, what might you predict as the result knowing nothing else about the case?
As we noted here, it doesn’t take a rocket scientist (or even
We’re kidding of course, but who said we can’t have a bit of fun at legal CLE’s? More on the Conference when the day ends.
Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk
No surprises in the latest in a case we’ve been following.
After the Hawaii Supreme Court’s decision concluding that the statute of limitations for Hawaii-law takings claims is six years (not the shorter limitations period argued by the State), the Ninth Circuit, as expected, today concluded in this short (3-page) unpublished memorandum opinion that the
Here’s the latest complaint in a long train of complaints alleging that a COVID-related shutdown or moratorium is a taking or damaging of private property for public use.
This time, it’s from Northern California wine country (Napa County Superior Court, to be specific), and the taking claims (skip to page 19 if you want to
Mention the term “PASH” to any dirt lawyer in the 50th State, and they’ll nod in understanding. It’s an 808 shibboleth — a kind of local property password — that signals that you’ve been around the block and know your stuff.
On one hand, it is simply an acronym for Public Access Shoreline Hawaii, the
Another invasion-by-sewage claim, another opportunity for bad punning.
What do you do when a municipality’s wastewater system malfunctions and “strew[s] [your] yard with condoms, toilet paper, raw sewage, and feminine hygiene products and force[s] [you] to endure ‘horrendous odors.'””
According to the U.S. Court of Appeals for the Fifth Circuit in Stringer v. Town of
There are two main rationales supporting the Pennsylvania Commonwealth Court’s opinion in Pileggi v. Newton Township, No. 1279 CD 2019 (Jan. 5, 2021), holding that the Township’s denial of a permit was not a taking. The first, in our view, is simply wrong. The second is perhaps more supportable, but still troubling.
This is