As we noted here, property owners sued the New York governor asserting that one of his emergency measures to respond to the coronavirus crisis (a suspension of eviction proceedings) is a taking.
Yesterday, the District Court denied the plaintiffs’ motion for summary judgment, and entered summary judgment in favor of the governor. Order Denying
Here’s the recording of last month’s Federalist Society’s Environmental Law & Property Rights Practice Group teleforum, “Just Compensation: A Suggestion or a Requirement?“
Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings
The Supreme Court today declined to review a Tenth Circuit decision that held a municipality could not be liable for a taking when its police officers pretty much destroyed a house in the course of dislodging a suspect who had holed up there.
Along with our colleague Bill DeVinney, we filed an amicus brief in
Note: please join us today, Tuesday, June, 23, 2020 (12 noon Hawaii Time) for a (free!) webinar. We’ll analyze the latest on “Lockdowns, testing and tracking: Are they all really legal?”
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There have been quite a few lawsuits filed nationwide challenging the various shut-down and “essential”/”nonessential” distinctions being made. So many
Here’s the recording of last week’s program we did for the King Kamehameha V Judiciary History Center, “Constitutional Law and States of Emergency: Lessons from Hawaii’s Judicial History for the COVID-19 Pandemic.”
Links to the cases and other materials we referred to in the presentation are posted here.
Tomorrow, we’ll be joining
Just published: the 2020 Zoning and Planning Law Handbook (Green Book). The first section of the Summary of Contents is about Takings, and includes as the lead piece Professor Gideon Kanner and Michael Berger’s tour-de-force article, “The Nasty, Brutish, and Short Life of Agins v. City of Tiburon.” It also includes
Update: our thoughts on the Hawaii-law claims in this article, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority,” 43 U. Haw. L. Rev. ___ (forthcoming 2020).
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Here’s the second complaint filed in the U.S. District Court for the District of Hawaii challenging the governor’s
Here’s the latest complaint challenging coronavirus-related orders (in this case, the City of Los Angeles’ rent payment and eviction moratoria) as a taking.
More here from the LA Times: “Landlord group sues city of L.A. over coronavirus anti-eviction protections.”
You should probably read the entire document, as it is drafted well. But
Next Wednesday, June 17, 2020, at 5:30pm Hawaii Time, we’ll be speaking for the King Kamehameha V Judiciary History Center about “Constitutional Law and States of Emergency: Lessons from the COVID-19 Pandemic.”
This is a one-hour program, open to the public, where we will take a dive into Hawaii’s emergency preparedness and
