Appellate law

The latest news in a fast-moving election law case, about the validity of a Hawaiians-only election to choose delegates to a constitutional convention about the issue of Hawaiian national sovereignty: this morning, Associate Justice Anthony Kennedy issued this order which temporarily puts a stop to the counting of the ballots. An extraordinary move, but one …

The headline of this post is clickbait, of course, since the California Court of Appeal didn’t formally file an amicus brief in favor of the government in Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738, a case now pending in the California Supreme Court. But the court’s opinion in Young’s Market Co. …

A quick one from the Georgia Court of Appeals. In Fincher Road Investments, LLLP v. City of Canton, No. A15A1290 (Nov. 13, 2015), the court held that a condemnee was entitled to recover attorneys’ fees and costs when the condemnor abandoned a taking, and was entitled to recover just compensation for the temporary cloud…

Here’s the amicus brief we filed today on behalf of our Owners’ Counsel of America colleagues in Livingston v. Frank, No. 15-470 (cert. petition filed Oct. 9, 2015). That’s the case in which the Florida District Court of Appeal held that the interest generated by quick-take deposits is not the private property of…

We all know the old rule that “interest follows principal,” which means that when a deposit on account is private property, so is the interest which that deposit earns. 

Not according to the Florida Court of Appeals, however. In a 2014 decision, that court held that interest earned on quick-take deposits was not…

Here’s the amici brief we filed today in California Building Industry Ass’n v. City of San Jose, No. 15-330 (Oct. 16, 2015).

That’s the case in which the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and thus should have been subject to …

Here are some upcoming events in which you may be interested, in chronological order:

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ALI-CLE-2016-masthead

Here’s the full agenda for the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, January 28-30, 2016, in Austin, Texas. 

Together with our friend and colleague Joe Waldo, we think we’re put together a pretty good program that covers a lot of ground. This is the first time the conference has been…

Here’s the Brief in Opposition in the case which asks whether takings claims against the federal government — which we described as subject to a “jurisdictional ambush” due to the old Tucker Act Shuffle — are subject to the rule of 28 U.S.C. § 1500 set out in the Tohono O’odham case. 

If that’s a lot…