We’ve been meaning to post the Texas Court of Appeals’ opinion in Zaatari v. City of Austin, No. 03-17-00812 (Nov. 27, 2019) for some time.
The City of Austin adopted an ordinance that, among other things, prohibited short term rental of a residence that is not also owner-occupied, barred certain activities (such as weddings)
Reading through the Alabama Supreme Court’s recitation of the facts in a case about inverse condemnation, City of Daphne v. Fannon, No. 1180109 (Dec. 6, 2019), you can’t help but be reminded of the convoluted chain of events in that old warhorse tort case, Palsgraf v. Long Island R.R., 162 N.E. 99 (N.Y.
Here’s the cert petition, filed today (by the same folks who brought you Knick v. Township of Scott, 139 S. Ct. 393 (1922)), which poses this straightforward question:
Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.
Here are some of the stories and analysis about yesterday’s ruling by the Court of Federal Claims holding the federal government liable for a taking for the flooding following Hurricane Harvey in the Houston area:
We won’t go into the details of the Court of Federal Claims’ opinion and order in In re Upstream Addicks and Barker (Texas) Flood Control Reservoirs, No. 17-9001L (Dec. 17, 2019), since it is 46 single-spaced pages long. You can (and should) read the entire thing. But we shall highlight of a few of
Quick quiz: a taking of private property for a public flood protection property is a “public use,” right?
Yes, but that wasn’t quite what the property owner had a problem with in a recent decision from the North Dakota Supreme Court, City of Fargo v. Wieland, No. 2019-153 (Dec. 12, 2019).
Rather, it was
This time last week, we were sitting in the North Carolina Supreme Court’s (very beautiful) courtroom, above, having just observed oral arguments in a case we’ve been following for quite a while, Chappell v. NCDOT, No. 51PA19 (docket here).
This case is the follow up (after remand) of the N.C. Supreme Court’s
Check out Marianist Province of the United States v. City of Kirkwood, No. 18-3076 (Dec. 13, 2019), for the U.S. Court of Appeals’ handling of RLUIPA and (state law) takings claims stemming from the city not allowing a religious school to light up its baseball field.
Today’s a busy day, so we won’t delve
Here’s the latest opinion about land use from the Hawaii Supreme Court. Unite Here! Local 5 v. Dep’t of Planning & Permitting, No. SCAP-17-823 (Haw. Dec. 13, 2019). Because our Damon Key partner Greg Kugle was the prevailing lawyer in the case, we won’t go into detail about the opinion, but leave it
This one is not in the usual subject area of this blog, but we figured we’re allowed to stray off course a bit every now and then.
Here’s the motion we filed today, asking the Hawaii appellate courts to let us file an amicus brief in a case in which the League of Women Voters