Appellate law

A small but critical mention in the cinema’s greatest closing argument (Dennis Denuto, Esq., above, in The Castle) for the Australia High Court’s decision in Mabo v. Queensland (No. 2), (1992) 175 CLR 1 (1992):

Denuto: It’s the vibe of it.

Judge: Allright, taken. Do you have a precedent which supports this … “vibe?”

Here’s the amici curiae brief we filed today on behalf of Owners’ Counsel of America, NFIB Small Business Legal Center, Cato Institute, and Professor David Callies in support of a cert petition which we detailed here.

The case is a regulatory takings claim, and involves wet and dry sand beaches, public

Seattle

My thanks to Bart Freedman (K&L Gates) and Kinnon Williams (Inslee Best Doezie & Ryder) for asking me to speak on national takings and inverse condemnation issues at yesterday’s Eminent Domain conference in Seattle.

As you can see, the room was packed and standing room only. Here are the cases and issues I mentioned

Here’s a rundown of the commentary on Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks review of a decision by the Mississippi Supreme Court. We represent the petitioner.

Kauaipark

Yesterday, the Hawaii Supreme Court issued a unanimous opinion opinion authored by Justice Nakayama in an eminent domain case we’ve been following. We filed an amicus brief in the case supporting the property owner on one of the three issues presented, too. More on that below. 

The case involves three parcels on Kauai — one

Here’s the Reply Brief we’re filing today in Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks review of a decision by the Mississippi Supreme Court. We represent the petitioner.

The brief responds to the MTC’s Brief in Opposition, and rather

Here’s the latest in the “audacious” takings case brought by AIG against the federal government for the 2008 fed takeover. The heart of the complaint is that the acquisition of AIG was an unconstitutional exaction. The Court of Federal Claims rendered a verdict that was hailed as a groundbreaking victory, but which ultimately

The Supreme Court yesterday issued an opinion in an expropriation case we’ve been following.

No, Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., No. 15-423 (May 1, 2017), isn’t about redevelopment, or public use and the like, but about the nationalization by Venezuela of oil exploration equipment. The owner

Here’s the cert petition, recently filed, which asks the U.S. Supreme Court to review a decision of the North Carolina appellate courts. We say “appellate courts,” because the decision being reviewed is one from the N.C. Court of Appeals, because the N.C. Supreme Court, after granting discretionary review, punted and dismissed the appeal after

Here are the full set of petitioner-side amici briefs in 616 Croft Ave., LLC v. City of West Hollywood, No. 16-1137, the case which asks the Supreme Court to determine whether the Nollan-Dolan-Koontz exactions standards apply to conditions on development imposed by a legislature.