Appellate law

Yesterday, the U.S. Court of Appeals heard arguments about the Mountain Valley Pipeline (which will run from northern West Virginia to southern Virginia), a situation receiving a lot of attention, and which has generated a number of lawsuits (go here for a list of the cases and a summary).

The question in Berkley

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Two cases which we’ve been following are up for consideration on the Supreme Court’s conference schedule today. Indeed, by the time we post this, the conference will likely be over, although we won’t know the results until next week. Check these out, and hold your breath:

IHtakings

Another week, another Federal Circuit panel opinion on takings authored by Judge Timothy Dyk (following the recent MR-GO opinion). And you know what that means: property owners lose.

The Court of Federal Claims concluded that the feds had taken the plaintiff’s lease of of a part of Dallas’ Love Field — under both a

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Here’s the not unexpected decision from the U.S. Court of Appeals for the Ninth Circuit in a case we’ve been following (sort of). It should never have gotten this far, even as the “plaintiffs” raise the specter of a cert petition.

We say again: the federal courts seem to have time for this brand

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Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin

Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s

Do we really need to tell you how a rent control regulatory takings claim fared in the Ninth Circuit? We didn’t think so.

In Colony Cove Properties, LLC v. City of Carson, No. 16-562655 (Apr. 23, 2018), a three-judge panel reversed a district court jury verdict which concluded that the City was liable for

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When you a federal takings plaintiff in the Federal Circuit and you pull Judge Timothy Dyk on your panel, your heart sinks. More so when he aggressively questions you in oral argument. And when you see he has written the opinion, you know it’s game over at this level.

Because we can’t remember a single

Here are the cases and materials I either discussed, or planned to discuss (but ran out of time), in this morning’s session at the 32nd Annual Land Use Institute:

  • Kaiser Aetna v. United States, 444 U.S. 164 (1979) (establishing that “navigability” for purposes of regulation is different in kind from navigability for purposes