In a case that could write the next chapter in the Kelo saga, the property owner recently filed this cert petition asking the U.S. Supreme Court to review the decision of the New York Court of Appeals in the Columbia “blight” case, Kaur v. New York State Urban Development Corp., No. 125 (June 24
Justice Delayed Is Justice Denied: Zoning Permits
In Kauai Springs struggling, The Garden Island (the Kauai daily newspaper) writes about
The Kauai Planning Commission (Planning Commission) asks this Court to validate a remarkable theory: that in the course of reviewing whether Kauai Springs, Inc. (Kauai Springs) was entitled to three simple zoning permits for its agriculturally-zoned land, the public trust doctrine
Book Review: Federal Land Use Law and Litigation, 2010 edition
I’ve just received my copy of the 2010 revision of Federal Land Use Law & Litigation by Brian W. Blaesser and Alan C. Weinstein (West, $225).
Here’s the description of the book from West’s site:
Examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, liability, defense strategies, doctrines, and
Ninth Circuit Rent Control Takings Case (Guggenheim) Preview
The Ninth Circuit’s en banc rent control takings case, set for oral argument in Pasadena tomorrow, has generated big interest.
In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the city’s mobile home rent
Links From WMA Presentation – Regulatory Takings, Rent Control, And Guggenheim
Yesterday, I had the pleasure of speaking to members of the Western Manufactured Housing Communities Association about some of the legal issues facing their businesses, and property owners in general. Here are the links I mentioned:
- Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir. 2009) (en banc review ordered Mar. 12,
Was It “All About The Money?” Hardly.
According to this City Room blog post at the New York Times, Daniel Goldstein, the “last Atlantic Yards holdout” and the driving force behind Develop Don’t Destroy Brooklyn, has agreed to cease his objections to the taking of his family home in return for $3 million. For a statement from Mr. Goldstein, see
Justice Stevens: No Friend Of Property Owners
You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
8th Circuit: Rooker-Feldman Not Applicable, But Federal Claims Precluded Under San Remo
To paraphrase comedian Jeff Foxworthy, if you understand the title of this post…you might be a regulatory takings lawyer.
And when you hear the terms “Rooker–Feldman” and “San Remo,” you know you are knee deep in the often-bizarre procedural maze where a regulatory takings claim in federal court
8th Circuit: Federal Takings Lawsuit Not Ripe
In granting a special zoning exemption to Shelter House, Iowa City allowed it to build a homeless shelter on land next to Mr. and Mrs. Dahlen’s mobile home park. After losing their challenge to the zoning exemption, the Dahlens filed suit in federal court alleging the exemption violated their due process rights.
That claim was
Ninth Circuit To Hear Rent Control Takings Case En Banc
This just in: the U.S. Court of Appeals for the Ninth Circuit will be hearing Guggenheim v. City of Goleta, No. 06-56306 (Sep. 28, 2009) en banc.
The panel opinion in Guggenheim held that the city’s mobile home rent control ordinance was a regulatory taking, an issue the court had never considered before: