Appellate law

Here’s what’s on the reading list for today:

Here’s the Reply Brief in a case which we’ve been following (and in which we filed this amici brief). This is the one in which landowners are challenging the district court’s issuance of an injunction in a Natural Gas Act taking which allow a private condemnor to obtain immediate possession of the land being

Here’s the Brief in Opposition, in Like v. Transcontinental Gas Pipe Line Co., LLC, No. 18-1206 (Apr. 17, 2019), the case which we’ve been following (and in which we filed this amici brief). 

This is the case in which landowners are challenging the district court’s issuance of an injunction in a Natural

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Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case):

Here’s the amici brief of the Owners’ Counsel of AmericaNew Jersey, Virginia, and West Virginia property owners; Cato Institute, and NFIB Small Business Legal Center which urges the Supreme Court to grant cert in a case we’ve been following for a while.  

As regular readers understand, several federal courts of appeals

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As we’ve noted before, the growing homeless and “urban camping” situation seems to be getting worse, and in our perception is reaching the point of being intractable. A trip down the sidewalk of any major city  — if you dare, particularly in the west — will confirm. And there are no easy answers

Pretty simple facts in the North Dakota Supreme Court’s opinion in Lincoln Land Development, LLC v. City of Lincoln, No. 20180117 (Mar. 15, 2019): back in the day (the 1980’s) the City had a dirt road over private property, used to access its sewage treatment plant. Lincoln Land Development bought the property in 2005.

Here’s the cert petition filed recently in yet another case (seeking review of the Eleventh Circuit’s opinion) which challenges a federal court issuing an injunction in a Natural Gas Act taking allowing a private condemnor to obtain immediate possession of the land being condemned, even though the NGA does not delegate to pipeline condemnors

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After-class graffiti. My students know me too well.

As anyone who follows this blog consistently must understand by now, perhaps our favorite courtroom scene in a law-related movie is The Castle‘s closing argument by Dennis Denuto, Esq.

In summing up, it’s … the [Australian] constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe

Here’s the amici brief we signed onto for Owners’ Counsel of America, filed last week in a regulatory takings case we’ve been following.

This brief, one of several filed which urge the Court to review the Federal Circuit’s conclusion there was no taking (despite a Court of Federal Claims verdict that there was)