Appellate law

Here’s the recently-filed cert petition in a case we’ve been following.

Rather than attempt to sum it up, we suggest you read the petition, especially the Questions Presented:

Montana Dakota Utility (hereinafter MDU), a private corporation, employed the power of eminent domain to procure an easement on Vern Behm’s farmland immediately along a pre-existing

Here are the amici briefs supporting the property owner’s cert petition in a case we’ve been following for a long time, Eychaner v. City of Chicago, No. 20-1214.

This is the one in which the Illinois courts concluded that Chicago’s desire to prevent “future blight” is enough of a public use to support

We’ve been meaning to post this one for a while, and it appears our procrastination has paid off: the Court has asked for a response.

Normally, we’d summarize the case and the issues, but in this instance, the cert petition‘s Question Presented lays it all out:

Petitioner, Next Energy, LLC, commenced acquiring blocks

We suggest you take a read through the California Court of Appeal’s opinion in Felkay v. City of Santa Barbara, No. B304964 (Mar. 18, 2021). It’s all there: Lucas wipeout takings, futility and exhaustion, coastal zone property rights.

This is an inverse condemnation case, seeing compensation for the city denying the owner any economically

You listened live. Or you missed that, and listened to the recording. Or, you preferred to review what others thought of the arguments. Now you can read it yourself.

Here’s the transcript of Monday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case in which the Supreme Court

In which we join the Pendulum Land Podcast (again, thank you hosts!) to talk about the Virginia Supreme Court’s recent opinion in Johnson v. City of Suffolk, the case we label the “oyster takings” case in which Hampton Roads oystermen claimed that their property was taken when the City of Suffolk and the Sanitation

Here are links to the summaries and analysis of yesterday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case asking whether California’s forbidding of agricultural property owners from keeping out union organizers is a taking:

Neutral

PICT1199

Here’s the recorded arguments.

  1. California will try and push the Court to seeing this as an “anti-union” lawsuit: this is not that big of an intrusion, we’ve been doing it for 50 years under both Cal and federal law, and a ruling for the property owners will upset this apple cart and prevent unions

You remember that Seventh Circuit case challenging (as, inter alia, a no-public-use taking) the location of the Obama Center in Chicago’s Jackson Park under the public trust (from the home of the American public trust doctrine, Chicago)? We wrote about it in “Friends Without Benefits: CA7 Rejects Takings Claim For Obama Center

Here’s the cert petition, recently filed, which asks the following Questions Presented:

Petitioner owns a parcel of land in Chicago, Illinois. Chicago Terminal Railroad formerly had the right to operate a portion of rail line subject to a conditional easement over a portion of Petitioner’s property. The easement terminated according to its terms. Nevertheless