In Turner v. Jordan, No. 22-13159 (Sep. 17, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that even though the federal courts have jurisdiction over Turner’s takings claim, the court nonetheless has the discretion to choose to wash its hands of the case in order to protect a state’s administrative procedures.
CA9: Unannounced Inspections As Condition Of Falconry License Are Subject To Nollan/Dolan Challenge
On the surface, the U.S. Court of Appeals for the Ninth Circuit’s opinion in Stavrianoudakis v. U.S. Fish & Wildlife Svc., No. 22-16788 (July 25, 2024) is about Article III standing (a highly technical gateway issue that is very federal courts wonky).
But taking a deeper look offers an insight into ways other
Vermont: Environmental Court Doesn’t Have Jurisdiction To Determine Property Rights, But We’re Going To Find No Cedar Point Taking Anyway
DJK was adding a bedroom to an existing residence and needed a wastewater permit from Vermont’s environmental agency. The agency has a “presumptive isolation zone” around potable water supplies and septic systems in which a property owner is presumed to be barred from doing anything sewage related. In this case, the isolation zone for DJK’s
California SCT To Review Major Challenge To Coastal Commission’s Claimed Power To Overrule Local Govt’s Housing Approvals
Disclosure: this one is one of ours, so we’re not going to do a deep dive or do much commentary (must resist!).
Yesterday, the California Supreme Court granted a Los Osos property owner’s petition, and agreed to review an (unpublished) Court of Appeal opinion which held that the California Coastal Commission has
Unpublished Wednesday: Eviction Moratorium Taking, Excessive Fines Taking, And 1983 Zoning Statutes Of Limitations
Here are three federal circuit opinions, all unpublished. None of them worthy of a stand-alone post, but also not to be overlooked entirely.
- GHP Management Corp. v. City of Los Angeles, No. 23-55013 (9th Cir. May 31, 2024): Lessors “failed to state a claim for a Fifth Amendment per se physical taking[,]” in their
CA2: If You Want To Be A Land Use Player, You Gotta Play (And That Means Keep On Trying – Without Hitching Rides)!
This is one we’ve been meaning to post for a while, but something else always seemed to intervene.
In BMG Monroe I, LLC v. Village of Monroe, No. 22-1047 (Feb. 16, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a statutory and constitutional challenge to the Village’s .
Pass A Good Time: Our Report From The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for
Today’s Arguments In Sheetz v. El Dorado County: “[R]adical [A]greement” On The Key Issue
If you were looking for deep clarity from the Justices about land use law and whether a legislature imposing monetary conditions on property development always gets the free judicial pass of rational basis review in this morning’s oral arguments in Sheetz v. County of El Dorado, you may not discover a lot of predictive
CA5: Government Should Not Send You On A Wild Goose Chase Though Its Own Procedures: “It was the regulatory equivalent of Romeo sending Mercutio on a wild goose chase—and then admitting there never was a goose while denying he even suggested the chase.”
What is a case about the U.S. Court of Appeals for the Fifth Circuit’s en banc opinion on the FDA’s approval procedures for e-cigarettes, Wages and White Lion Invs, L.L.C. v. Food & Drug Admin., No. 21-60766 (Jan. 3, 2023), doing here?
We consider it worthy of your time and post it here
“Super-Zoning Board” No More – CA2 Busts The “Land Use Is Local” Trope: Town ZBA Doing Nothing On Variance Application Ripened Constitutional Claim
You remember that longstanding trope: that matters of land use are “local” issues, and thus in civil rights claims involving a state or local government interfering with the right of property federal courts should avoid adjudication until the government has had every chance to do the right thing (even where it is patently obvious that