In a case that uses terms that might reasonably lead you to think it was lifted from the script for the next stoner comedy, the U.S. Court of Appeals for the Federal Circuit, in Gadsden Indus. Park, LLC v. United States, No. 18-2132 (Apr. 22, 2020), held that an owner of land on
Shades Of Takings In Both Of Yesterday’s SCOTUS Opinions
Like that old radio bit “Chicken Man” (“He’s everywhere! He’s everywhere!“), it looks like the robed ones down at 1 First Street NE are, like us, seeing takings lurking in cases where takings may not be the first thing on the menu.
For example, in yesterday’s opinions about whether the Sixth
A Clean Well-Pleaded Complaint: Latest Takings Challenge To Shut-Down Order
Here’s the latest complaint challenging a governmental business shut-down order. In this case, it is an order by the Michigan governor. We’ve seen similar lawsuits recently (see here, here and here, for example). So far, these complaints have have not met with receptive audiences. This one was tossed aside quickly. This one
New Cert Petition (Ours) Offers A Moment Of Zen: If The Government Makes The Final Decision But The Property Isn’t Yet Actually Injured, Must The Owner Sue For A Taking Now?
Here’s the cert petition that along with our colleague Steve Jakubowski we’re filing today in Campbell v. United States, No. 19-___, in which we ask the Court to review the Federal Circuit’s ruling that the plaintiffs in a Court of Federal Claims takings case missed the Tucker Act’s statute of limitations (28 U.S.C. §
Linky Friday: What We’re Reading Today
Here’s what we’re reading today. Some related to the lockdown, some not:
- The Government Must Enact Emergency Tax Laws & Acquire Private Properties Using The Law Of Eminent Domain (Madras Times)
- Despite Federal Ban, Landlords Are Still Moving to Evict People During the Pandemic (ProPublica)
- The Coronavirus Shutdown Lawsuits Are Coming
No TRO In Private Beach Taking-By-Shutdown Case
Unlike a sibling federal court in a similar case (see that court’s TRO order below), a Florida court has declined an emergency motion challenging government officials’ coronavirus-related shut-down and stay away orders.
This is the case we’ve been following in which property owners challenge the local government’s order that they stay off beaches. The difference
Supreme Court Of Virginia Oral Arguments In Important Inverse Case: Must An Owner Allege Loss Of All Access To Plead A Taking?
This morning, the Supreme Court of Virginia heard oral arguments (by telephone) in a case we’ve been following.
This is an inverse case that asks whether less than a total loss of access to a parcel could be taking — did the owner plead enough to put the issue to a jury — and
Pa Supreme Court Rejects Takings Challenge To Shut-Down Order
Here’s the latest in a case we’ve been following since it was filed just a couple of weeks ago.
This is the one where “Friends of Danny Devito” (no, not that Danny Devito) sued the Pennsylvania governor challenging shut down orders under a variety of theories. Including a takings claim, of course.
Amicus Brief: Invocation Of “Police Power” Is Not Dispositive In Takings
Today, along with our colleague Bill DeVinney, we filed this amicus brief in support of the property owners’ cert petition in a case we’ve been following for a while.
Yes, this is the case where the Village police pretty much destroyed a family home in the course of their efforts to dislodge a shoplifter who
Video, Materials And Links From Today’s Webinar, “Safety vs. Freedom: Are There Limits to Lockdowns?”
To all who joined from Hawaii and across the nation, thank you for doing so. As I mentioned during the webinar, here is the video and links to the cases and other materials I spoke about:
- “Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon