42 U.S.C. § 1983 | Civil Rights

092923zr_q8l1_Page_1
I’ll take ‘Words I Like to See’ for $800, Alex.

In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.

The first is Devillier v. Texas (the

This is one of ours — argued by our Pacific Legal Foundation colleague Kady Valois — so we won’t be offering any commentary.

But we just have to post the U.S. Court of Appeals’ opinion in Iten v. County of Los Angeles, No. 22-55480 (Aug. 30, 2023), because it discusses two significant issues, and

Screenshot 2023-08-26 at 10-33-05 Brigham-Kanner Property Rights Conference

Heads-up: the registration page for the 20th Brigham-Kanner Property Rights Conference, October 26-27, 2023, at the William and Mary Law School in Williamsburg, Virginia, is now up.

Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights

Untitled Extract Pages

Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be

In this very short (but apparently published) opinion, the U.S. Court of Appeals held that it was not right to dismiss a claim on the pleadings and that factual development is warranted, even where the complaint alleges that a municipal land use ordinance is arbitrary and capricious, and the city claims it has a

Here’s the cert petition, filed last week, in a case we’ve posted about. See here (Ninth Circuit arguments) and here (en banc petition).

The Ninth Circuit affirmed dismissal of a takings claim because (it held) the claim isn’t ripe. The government hasn’t made up its mind, and just might allow the owners to

Here’s what we’re reading this Tuesday:

Here’s the latest in a case we’ve been following since before it became one of ours.

In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the Ninth Circuit upheld the district court’s dismissal of a regulatory takings case, holding that federal courts should abstain from considering regulatory takings cases in

Here are what others are saying about Supreme Court’s recent ruling in Tyler v. Hennepin County, No. 22-166 (U.S. May 25, 2023), the case in which the Court unanimously held that the county’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees is an uncompensated taking

Harding

Here’s a new cert petition, filed this week by Michael Berger that asks whether Knick‘s no-need-to-exhaust-or-chase-state-compensation rule applies retroactively.

The Second Circuit held that no, the owner’s claims were too late, and although Knick overruled the Williamson County rule that kept him from a timely filing in federal court, that’s just too