Here’s the cert petition, filed today (by the same folks who brought you Knick v. Township of Scott, 139 S. Ct. 393 (1922)), which poses this straightforward question:
Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.
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
This one is not in the usual subject area of this blog, but we figured we’re allowed to stray off course a bit every now and then.
Here’s the motion we filed today, asking the Hawaii appellate courts to let us file an amicus brief in a case in which the League of Women Voters
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
Here’s the amicus brief we filed yesterday in a public use case we’ve been following that asks whether pretext and private benefit are irrelevant as long as the condemnor invokes a “classic” public use. In this case, the Colorado Supreme Court overturned the court of appeals’ conclusion that even though the purported purpose of the
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
We are noted for our ability to find takings and property issues nearly anywhere, and two cases argued today at the Supreme Court — where we had the pole position in the Bar line as the above photo proves — are no exception, even though the first was a case about a tax refund, and
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