Rather than sum up the issue and the Massachusetts Appeals Court’s** conclusion in Smyth v. Conservation Comm’n of Falmouth, No. 17-P-1189 (Feb. 19, 2019), here’s the first part of the opinion:
GREEN, C.J. A land owner brought this action in the Superior Court, claiming that local land use regulation effected a taking of her
In the usual circumstance, we wouldn’t be terribly interested in an unpublished — and therefore not precedental — opinion. But the U.S. Court of Appeals’ opinion in Kerns v. Chesapeake Exploration, LLC, No. 18-3636 (Feb. 4, 2019) caught our attention because it involves “forced pooling,” which this site describes this way:
At its most
With the opinion in the Knick v. Township of Scott case to drop as soon as Tuesday (we’re guessing the opinion will be by Chief Justice Roberts, by the way), hold on. We’re about to get super nerdy here. Impossibly nerdy. Yes, we’re revisiting the Star Trek analogies. We’ve been down this road before
If you didn’t register to attend the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference later this week in Palm Springs, California, well then, shame on you!
According to the National Weather Service, while you and the rest of the country is freezing, we’ll be enjoying the balmy desert climes, and discussing
There’s been a lot written after the Supreme Court heard (re)arguments earlier this week in Knick v. Township of Scott, No. 17-647, most of it helpful in understanding what issues the Justices are considering, and how each of them might break on the ultimate question: should Williamson County be overruled, and should property owners
Don’t Miss the 2019 Eminent Domain Litigation Conference from American Law Institute CLE on Vimeo.
Check out this sound blurb, produced by the good media folks at ALI-CLE, about the upcoming Eminent Domain and Land Valuation Litigation Conference. (And no, we didn’t record this in a jazz club; although I wish we had.)
There’s
Well, no sooner had we hit “publish” on our last post (which ended with, “let’s wait for the transcript”), that the court reporter posted the transcript. Whoa, fast.
Read and analyze away, friends!
Transcript, Knick v. Township of Scott, No. 17-647 (U.S. Jan. 16, 2019)
As Professor Gideon Kanner likes to remind us, eminent domain has been characterized as “the dark corner of the law.” We thought back to that phrase when we joined the queue outside of the Supreme Court this very dark (and very cold) morning, for the rehearing in the Knick v. Township of Scott case
It wasn’t going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After all, the case involved a federal takings claim in federal court, which the district court dismissed because
Our final 2018 post focused on what we thought was the biggest case of that year, and which, we’re predicting, will be the biggest case of 2019: Knick v. Township of Scott, No. 17-647, that’s the one in which the Supreme Court is considering whether federal takings claims can be brought in federal court
