Here’s one we’re now following, thanks to a heads-up from a northern colleague.
The Supreme Court of Canada has granted leave to appeal in a case involving what Canadian law calls “de facto expropriation” (what we’d call “regulatory takings”).
Before you review the Application for Leave to Appeal by the property owner, and the
What do you think about these facts in RLR Investments, LLC v. City of Pigeon Forge, No. 20-6375 (July 13, 2021), a decision by the U.S. Court of Appeals for the Sixth Circuit on what we might charitably call an obscure legal doctrine (Rooker–Feldman)?
City wanted some of RLR’s
In this post — the fourth 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 discussing the two separate opinions, Justice Kavanaugh’s concurrence, and the Justice Breyer-authored dissent.
Here are all of the posts
Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
It can be somewhat of a challenge to blog about many of the opinions from New York’s appellate courts (dun-dun) because they are typically short. What more (or less!) can you say about an opinion that is very short? We mean really short. Like 3 pages short.
Such it is with the Appellate
Here’s the latest (maybe last?) in a case we’ve been following for a long time.
On Friday, the Court denied the petition for writ of certiorari, with three Justices noting that they would have granted the petition. Justice Thomas, joined by Justice Gorsuch dissented from the denial of cert, while “Justice Kavanaugh would
In this post — the third in a series of deeper dives that we’ll be posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be discussing whether the “right to exclude” is absolute, what exceptions the Court laid out, and how it
Another takings opinion from the Supreme Court, this time in a (putatively) eminent domain case we’ve been following.
In PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (June 20, 2021), the majority (Roberts, CJ, joined by an unusual, cross-aisle lineup of Justices Breyer, Alito, Sotomayor, and Kavanaugh) concluded that a private pipeline
Another day, another property rights decision from SCOTUS. This time, the unanimous per curiam opinion in a case we’ve been following, Pakdel v. City & County of San Francisco, No. 20-1212 (June 28, 2021).
[Disclosure: our PLF colleague Jeff McCoy is lead counsel on this case, and we pitched in with help on
In this post — the second in a series of deeper dives that we’re posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be covering more on the “right to exclude,” how the Court treated our old frenemy Pruneyard, and how