A development in the “oyster takings” case that we’ve been following as it has worked its way up to the Virginia Supreme court: that court today issued this Order, in which it awarded an appeal by Nansemond River oystermen (and the City of Suffolk’s cross-appeal) who claim that their property was taken when the
Yet Another Coronavirus Complaint: Eviction, And Retroactive Rent Freeze In Rent-Controlled Apts Is A Taking
Here’s another coronavirus-related complaint asserting a taking.
But unlike other, recently-filed complaints (see here, here, here, here, here, here and here), this one doesn’t object to shut down orders. Instead, it challenges two measures undertaken by local authorities related to the owner/tenant relationship.
To deal with the pandemic, Union
Another Federal Takings Complaint For Business Shut-Down Order (California)
Here’s the latest complaint asserting that a state governor’s business shut-down order (under which certain businesses are deemed “essential,” while others not) is a taking, inter alia, that joins a growing list of similar lawsuits (see here, here, here, here, here and here).
This one is by licensed beauty
Illinois App: We Haven’t Changed Our Mind – Chicago’s Sketchy Redevelopment Taking Is Still For Public Use
In City of Chicago v. Eychaner, No. 1-19-1053 (May 11, 2020), the Illinois court of appeals revisited a case that it ruled on once before.
Five years ago, in City of Chicago v. Eychaner, 26 N.E.3d 501 (Ill. Ct. App. 2015), the same court held that a redevelopment taking of Eychaner’s property qualified
Three New Property And Takings Articles From William & Mary Law Review
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
- Charles D. Wallace, When (and Why) the Levee Breaks: A Suggested Causation Framework for Takings Claims That Arise From Government-Induced
Join Us This Week: May 12-14, 2020 For (Virtual) Land Use Institute Webinar Series
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
Step Up, Hawaii Appellate Lawyers: Petitioner Needs Counsel For Supreme Court Oral Arguments In Due Process Case
Normally, we would not be asking our colleagues who are licensed to practice in Hawaii to represent an opposing party. Especially in a case in which the Hawaii Supreme Court has already accepted an application for writ of certiorari (local practice note: in the 808, we don’t say that you petition for cert — you
CA9 En Banc Petition: Must A Property Owner Exhaust Admin Remedies Before Filing A Federal Takings Claim?
Here’s the latest in a case we’ve been following. In Pakdel v. City and County of San Francisco, No. 17-17504 (9th Cir. Mar. 17, 2020), a 2-1 panel of the U.S. Court of Appeals held that a federal takings case was not ripe because the plaintiffs had not sought an exemption (“variance”) from the regulation.
Two More Complaints Challenging Shut-Down Orders As Takings (Md, Nev)
“The Cornfield” at Antietam
Two more complaints that challenge state-ordered shut-down orders as takings. The first from Maryland, the second from across the country in Nevada. These join an ever-growing list of such lawsuits. See here, here, here, here and here, for example.
We set out what we think