Appellate law

In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.

The program discussed Cedar Point Nursery v. Hassid

There’s a lot going on in this cert petition, recently filed. More fallout from the big auto bailouts. Regulatory vs physical takings. And more.

But what really grabs our attention starts on page 35. There, the petition asserts the property owner’s loss in this case is just part of a bigger picture in which

Here’s the pending cert petition asking the Supreme Court to take up (pun intended) a case involving a Penn Central taking.

This is another one of the cases from the big auto bailout/takeover. The plaintiffs are (former) Chrysler dealers whose dealership franchise contracts were sloughed off as part of the $38 billion federal bailout of

Untitled Extract Pages

The other shoe — perhaps the most predictable shoe drop in legal history — dropped yesterday, and the Supreme Court vacated the stay on appeal in one of the cases challenging the CDC’s renewed eviction moratorium, meaning that the district court’s judgment vacating the moratorium can go into effect. Alabama Ass’n of Realtors v. Dep’t

There’s not a whole lot in the U.S. Supreme Court’s order granting an injunction on appeal that suspends application of a part of New York State’s eviction moratorium until such time as a cert petition is filed. The claims in that case are due process claims regarding the deprivation of a hearing, not takings. 

But

Screenshot 2021-08-11 at 14-56-53 Constitutional Litigator Property Rights (two openings) Pacific Legal Foundation

You’ve got big dreams, you want fame…

If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.

Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”

Oh, have we got

Check out this recently-filed cert petition, which asks the Court to review a California Court of Appeal decision about exactions.

It’s a somewhat odd situation: the county issued a building permit, but conditioned it (yes, the county tried to put a condition in a ministerial building permit!) on the property owners recording a deed

All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:

  • Property Rights as Civil Rights
  • Eminent Domain National Update
  • Just Relocation: Understanding the Law and Regulations to Ensure Fairness
  • Challenging Public Use: Lessons From a 67-Day Trial
  • COVID Takings
  • Federal Court and the Daubert Challenge: How to


Talk amongst yourselves.

We’ve had our say, so in this post — the sixth and final post in a series of deeper dives about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid , No. 20-107 (June 23, 2021) — we’re linking to what others are saying about the case.

Here are all

In this post — the fifth and penultimate post in a series of deeper dives that we’re posting about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be trying to take some educated guesses about what the decision means for the future.

Here are