Every law school graduate surely remembers that 1L Contracts case about the two ships named “Peerless” and the doctrine of mutual mistake.
In Marchbanks v. Ice House Ventures, LLC, No. 2022-0047 (June 8, 2023), the Ohio Supreme Court rejected the DOT’s claim that a previously-agreed-upon agreement to settle an eminent domain action did not
A short one from the Florida District Court of Appeals (First District).
In D’Arcy v. Florida Gaming Control Comm’n, No. 1D21-3606 (May 24, 2023), the court held that the voters of Florida adopted Amendment 13 to the Florida Constitution that outlawed betting on greyhound racing (indeed betting all dog racing), it did not effect
New noteworthy dirt law scholarship, from U. Chicago’s Prof. Lee Anne Fennell, “Property as Service Streams.” Here’s the Abstract:
Property’s job is to help people derive benefits from resources. But often it cannot do this work well. A core problem is an outmoded model of benefit production that treats the individually owned parcel
Update: someone blinked – between the time we drafted this post and the time is actually posted, we understand that this case settled. But the “spite takings” issue remains of interest, so we’re leaving this post up.
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You already know about the prior public use issue, often arising in government-to-government takings.
The voters of South Lake Tahoe, California, adopted an ordinance that forbade the city from issuing short-term rental permits for properties in residential zones unless the owner was a permanent resident of the city, and declared that all short-term rental permits would expire three years later. The trial court granted the city summary judgment on
The Texas A & M Journal of Property Law is always a good read, with many articles worthy of your time. But the Journal‘s latest, Volume 9, No. 4 (2023) stands out because it includes the papers for the Symposium on Natural Property Rights.
Check out these titles and authors:
Here’s a short one from the Kansas Supreme Court. In Kansas Fire and Safety Equipment v. City of Topeka, No. 123,063 (June 30, 2023), the court concluded that the requirements of the Kansas Relocation Act do not give rise to a private right of action, and that relocation costs are not a component of
As you can tell from the date of the opinion, we’ve been meaning to post the South Carolina Supreme Court’s ruling in Braden’s Folly, LLC v. City of Folly Beach, No. 2022-000020 (Apr. 5, 2023) for a while. Something else always intervened, but it remains a decision worth reviewing.
The city adopted an ordinance
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals, there’s really no question
As we’ve noted before, we think courts generally don’t like it when they are asked to revisit a dispute that was settled by agreement. Yes, settlement agreements are contracts, and just like every other contract they are subject to enforcement, breach actions, and the like.
But our experience is that courts are not keen