Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:
- Sheetz v. County of El Dorado – are legislatively-imposed exactions subject to the nexus and proportionality requirements of Nollan/Dolan? (SCOTUS)
- Devillier v. Texas – must the government consent to be sued for just compensation? (SCOTUS)
- Watson Memorial Spiritual Temple of Christ v. Korban – the payment of a final just compensation judgment is ministerial, and may be compelled by a writ of mandamus (Louisiana Court of Appeal)
- The New York Rent Control cases – two still pending (SCOTUS)
- Gearing v. City of Half Moon Bay – abstaining from adjudicating a regulatory takings case under Pullman abstention (Ninth Circuit; cert. denied)
- Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstown – RLUIPA claim is ripe; court rejected the “land use is local” trope (2d Cir.)
- Catholic Healthcare Int’l, Inc. v. Genoa Township – RLUIPA claim ripe because Township had taken a “definitive position” on what uses were allowed and not allowed on plaintiff’s property, even though there remained a possibility that the Township might allow the use (6th Cir.)
- Yes in My Backyard v. City of Los Angeles – the general plan is law, and controls over zoning (Cal. Super. Ct.)
- Idaho Power Co. v. Bean – some precondemnation entries are takings (Or. Cir. Ct.)
- Town of Apex v. Rubin – after a taking is invalidated for lack of public use, what if the condemning agency just takes it anyway? (N.C. S. Ct. review granted)
Check em out.
And if you are not a member of the ABA State and Local Government Law Section, you should be. Come, join us!