Appellate law

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This time last week, we were sitting in the North Carolina Supreme Court’s (very beautiful) courtroom, above, having just observed oral arguments in a case we’ve been following for quite a while, Chappell v. NCDOT, No. 51PA19 (docket here). 

This case is the follow up (after remand) of the N.C. Supreme Court’s

Here’s the latest opinion about land use from the Hawaii Supreme Court. Unite Here! Local 5 v. Dep’t of Planning & Permitting, No. SCAP-17-823 (Haw. Dec. 13, 2019).  Because our Damon Key partner Greg Kugle was the prevailing lawyer in the case, we won’t go into detail about the opinion, but leave it

Here’s the latest on the judicial takings/rent control case which we’ve been following

This is the case where New York property owners assert that the N.Y. Court of Appeals’ decision which concluded that the luxury apartments (which were never formerly subject to rent control) are now governed by the Rent Stabilization Law. This

Yesterday, our friends and colleagues at the Institute for Justice (Diana Simpson and Bob McNamara) welcomed us to their studios to record an episode of the Short Circuit” podcast.

We talked property, takings, Virginia oysters, the cert petition about Colorado eminent domain abuse, and how the Supreme Court of the

Following up on the petition, filed last Friday, asking the Virginia Supreme Court to review a trial court’s demurrer which failed to recognize that the owners of a state lease to harvest oysters in the Nansemond River have a property interest . The court concluded that the city and santitation district possess a superior

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Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019). 

The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow