According to that trustworthy source Wikipedia, in drama, the term deus ex machina (“God from the machine”) “is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and unlikely occurrence. Its function is generally to resolve an otherwise irresolvable plot situation, to surprise the
Third Amendment Lawyers Association (“ÞALA”): Eviction Moratorium Violates … The Third Amendment
We’re not entirely sure if this is “for real” or just an elaborate tongue-in-cheek spoof, but hey, there’s a website (“Give No Quarter!” and an invitation to “Become a Third Amendment lawyer”), a blog (“The Runt Piglet Squeals!”*), and the brief seems signed by an honest-to-goodness real lawyer and sure looks like it has a
Join Us For The 39th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022 (Scottsdale, AZ)
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Property Rights as Civil Rights
- Eminent Domain National Update
- Just Relocation: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons From a 67-Day Trial
- COVID Takings
- Federal Court and the Daubert Challenge: How to
Cedar Point Part VI: What Others Are Saying
Talk amongst yourselves.
We’ve had our say, so in this post — the sixth and final post in a series of deeper dives about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid , No. 20-107 (June 23, 2021) — we’re linking to what others are saying about the case.
Here are all
Cedar Point Part V: Help Us Help You
In this post — the fifth and penultimate post in a series of deeper dives that we’re posting about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be trying to take some educated guesses about what the decision means for the future.
Here are
CA6: Rooker-Feldman Bars Federal Lawsuit Challenging State Court’s Public Use Determination
What do you think about these facts in RLR Investments, LLC v. City of Pigeon Forge, No. 20-6375 (July 13, 2021), a decision by the U.S. Court of Appeals for the Sixth Circuit on what we might charitably call an obscure legal doctrine (Rooker–Feldman)?
City wanted some of RLR’s
Cedar Point Part IV: The Other Opinions
In this post — the fourth in a series of deeper dives that we’re posting about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be discussing the two separate opinions, Justice Kavanaugh’s concurrence, and the Justice Breyer-authored dissent.
Here are all of the posts
Links From Today’s ABA RPTE Session
Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
Cedar Point Part III: No, Chicken Little, The Sky Isn’t Falling
In this post — the third in a series of deeper dives that we’ll be posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be discussing whether the “right to exclude” is absolute, what exceptions the Court laid out, and how it
Another SCOTUS Property Rights Win, This Time On Williamson County’s “Final Decision” Requirement
Another day, another property rights decision from SCOTUS. This time, the unanimous per curiam opinion in a case we’ve been following, Pakdel v. City & County of San Francisco, No. 20-1212 (June 28, 2021).
[Disclosure: our PLF colleague Jeff McCoy is lead counsel on this case, and we pitched in with help on