Contradicting Chris Rock’s dictum (caution, may be very offensive), Fulton County, Georgia concluded there might be something untoward going on in the Champagne Room, at least in those serving alcohol. In Flanigan’s Enterprises, Inc. of Ga. v. Fulton County, No. 08-17035 (Feb. 16, 2010), the U.S. Court of Appeals for the Eleventh Circuit held
Connecticut Supreme Court: An Option To Purchase Is Not “Property,” So Optionee Can Be Abused
The Connecticut Supreme Court has issued opinions in a trio of closely-watched eminent domain cases. The first two opinions deal with technicalities of eminent domain law, but the third overturns a $12 million jury verdict that the Town of Branford, Connecticut abused its eminent domain power.
In Town of Branford v. Santa Barbara, SC
Eagle On Regulatory Takings (4th ed. 2009)
I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).
Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.
Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical
Motions For Reconsideration In ICA Accretion Taking Appeal
Both parties have asked the Hawaii Intermediate Court of Appeals to take another look at its opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (Dec. 30, 2009).
In that case, the court held (1) the Hawaii Legislature took existing littoral accretion when it assigned ownership of the accretion from
Government Brief: Landowner Must Seek To Change Land Use Designations To Ripen Federal Takings Claim
The County of Maui has filed its Answering Brief in Leone v. County of Maui, No. 29696, an appeal in the HawaiiIntermediate Court of Appeals which is considering, among other issues,the question of when a regulatory takings claim is ripe for reviewunder Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City
New Ninth Circuit Case: Mobile Home Rent Control Ordinance Takes Property
In a lengthy opinion — it comes in two volumes — the Ninth Circuit again takes on a mobile home rent control ordinance, this time with a better result than usual for the property owners. The court determined the ordinance worked a taking, and remanded the case for a calculation of just compensation. Guggenheim v.
Final Briefs On Due Process Motions In Maui Affordable Housing Exaction Case
The property owners and the County of Maui have filed their opposition and reply briefs regarding the cross motions for summary judgment in the Maui affordable housing case now being litigated in the U.S. District Court, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.).
The case is a challenge
New Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim?
Today, we filed an amicus brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City
Latest In Maui Affordable Housing Exaction Case: Opps To Cross-Motions On Due Process
First Circuit: Requiring Hospital To Provide “Free” Medical Services Not A Taking
In a case that’s highly topical given the current health care debate, in Franklin Memorial Hospital v. Harvey, No. 08-2550 (Aug. 5, 2009), the U.S. Court of Appeals for the First Circuit held that Maine’s requirement that hospitals provide free medical services to certain low income patients is not a regulatory taking.
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