Like a lot of us, Ball State University student Keller Mellowitz didn’t care for “remote” or “Zoom” virtual classrooms which were imposed on us in varying degrees during the Co-19 thing.
But he didn’t take it lying down. Believing that remote learning wasn’t what was promised to him in return for his tuition dollars
Here’s the latest in a case we’ve been following.
Not that long ago, the Ninth Circuit held that a challenge to Washington state’s Co-19 eviction moratorium was moot because the moratorium had ended, and the plaintiffs had only sought declaratory relief. Thus, the court concluded, the moratorium did not have a “brooding presence” affecting
Another must-listen episode of Clint’s Eminent Domain Podcast. He’s joined by Pepperdine Law School Professor Shelley Ross Saxer:
Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters
A short one from the Ninth Circuit on a topic that we keep revisiting, whether the various eviction moratoria adopted and enforced by the feds and many states and local governments during Co-19.
We keep revisiting the topic because the courts keep getting it wrong.
And before we go on, a disclosure: this is
A short one from the U.S. Court of Appeals for the Ninth Circuit.
In Jevon v. Inslee, No. 22-35050 (Aug. 8, 2023), the panel summarily concluded that a takings challenge to the Washington governor’s eviction moratorium — imposed in response to the Co-19 emergency — is moot.
The plaintiffs limited the relief sought to
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to
This is one of ours — argued by our Pacific Legal Foundation colleague Kady Valois — so we won’t be offering any commentary.
But we just have to post the U.S. Court of Appeals’ opinion in Iten v. County of Los Angeles, No. 22-55480 (Aug. 30, 2023), because it discusses two significant issues, and
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as
The two-plus years under the declared Co-19 emergency surely have given Hawaii’s executive-branch officials a clear vision of how much easier they could get their agendas accomplished without all that pesky democracy.
Hawaii’s Sweeping Emergency Management Act: Governor is the “Sole Judge”
Hawaii’s Emergency Management Act gives state and county executives broad and nearly unreviewable
Worth checking out: a new article from Pepperdine Law School’s Shelley Ross Saxer, published in the University of Hawaii Law Review, “Necessity Exceptions to Takings,” 44 U. Haw. L. Rev. 60 (2022). [Disclosure: as noted in the author’s note, we reviewed an earlier draft of the piece and provided some thoughts.]