Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps
Virginia Supreme Court Oral Arguments: Does A Precondemnation Value Statement Come In?
The Virginia Supreme Court recently heard oral arguments in Ramsey v. Commissioner of Highways, a case we’ve been following closely (and in which we filed an amicus brief in support of the property owners).
This is the case about Virginia’s statutory requirements in eminent domain cases. As a prerequisite to a court exercising
Is The Hawaii Reapportionment Commission About To Go The Way Of The ‘O’o Bird?
Spurred by yesterday’s battle-of-the-titans Supreme Court oral arguments (Clement vs. Waxman) in a case we’ve been following, we’re taking a short diversion from our usual fare of takings, eminent domain, and land use law today to cover another topic that long-time followers know is also within our area of practice: voting and election law.
Missouri App: Can One Municipality Take Another’s Property? We Don’t Think So, But We’re Not Certain
Metropolitan St. Louis Sewer District v. City of Bellefontaine, No. ED101713 (Feb. 24, 2015), is another one of those cases where construction by a city resulted in damage to property. The water district sued for inverse condemnation, among other things. Only twist here was that it wasn’t exactly “private” property, but property owned by another municipality
“Eminent Domain Abuse” Turnaround In Idaho: Property Owner Liable For Condemnor’s Attorneys Fees For “Extreme And Unlikely” Appeal And Defenses
Have you ever read one of those opinions where each piece seems okay, but as a whole the result just doesn’t sit well? The Idaho Supreme Court’s opinion in State of Idaho, Dep’t of Transportation v. Grathol, No. 40168 (Feb. 11, 2015) is just one of those.
You’ve no doubt heard a lot about
9th Circuit Oral Arguments: Reg Takings, Private Takings, Due Process … And Williamson County
Yesterday, we were able to attend the Ninth Circuit oral arguments in a case which we posted on last month, Rancho de Calistoga v. City of Calistoga, No. 12-17749.
In that case, the U.S. District Court for the Northern District of California dismissed the complaint filed by the owner of a wine country
Amicus Brief: Texas Courts Need Not Sit Idly By While Condemnor Dithers
Here’s the recently-filed amici brief of the National Federation of Independent Business and the NFIB Small Business Legal Center, which urges the Texas Supreme Court to review the Court of Appeals’ Memorandum Opinion in City of Dallas v. Highway 205 Farms, Ltd., No. 05-13-00951-DV (July 22, 2014).
This case raises a jurisdictional issue that
Links From Day Two, ALI-CLE Eminent Domain Conference
Here are the links from our opening sessions this morning:
- “The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but
9th Circuit Amicus Brief: How To State A Valid Claim After Lingle – Regulatory Taking, Private Taking, Or Due Process?
The wheels of justice may grind slowly, but they do grind. Yesterday, the Ninth Circuit granted a motion we filed back in June 2013, and permitted us to file this amicus brief on behalf of the Western Manufactured Housing Communities Association in a case that is scheduled to be argued in mid-February 2015, Rancho de
9th Cir: No Need For Pullman Abstention In Aina Lea After Hawaii Supreme Court Ruling
Last we checked in with the Bridge Aina Lea case, the Ninth Circuit said it would hold off on a decision until the Hawaii Supreme Court ruled in the associated state court litigation (see 9th Cir Says “Let’s Wait” On Hawaii Supreme Court To Rule In Bridge Aina Lea).
This is the federal court