Here’s the cert petition in a case we’ve been following.
This is the one where a North Carolina county went bonkers in the early days of Co-19, and truly “locked down” by banning nonresident property owners from entering the county. This wasn’t done all at once, but in phases, with nonresident property owners being
This just in: the U.S. District Court for the Southern District of New York has issued this Opinion & Order in the case which challenges New York City’s rendering “guaranty clauses” in commercial leases unenforceable due to the declared Co-19 emergency.
This is a case we’ve been following. Earlier, the Second Circuit vacated the district
“But we had to eat.”
So begins the Washington Supreme Court’s opinion in Washington Food Industry Ass’n v. City of Seattle, No. 99771-3 (Feb. 9, 2023), wherein the court held that a takings challenge to Seattle’s ordinance requiring Co-19 combat pay for food delivery workers may proceed.
There’s a lot in the opinion about
You remember, don’t you? In the early days of the Co-19 epidemic, government and public health authorities were scrambling to do something … sometimes anything! … to respond.
Dare County, North Carolina might have been one of those local governments that went maybe just a bit too far in the precaution vs effectiveness departments:
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.
A classically short opinion from the New York Supreme Court (Appellate Division, Fourth District) in HBC Victor LLC v. Town of Victor, No. 683 (Dec. 23, 2022). (So short that we were tempted to simply post the opinion and let you read it, because it will probably take you just as long to read
Here’s the latest in a case we’ve been following.
In this cert petition, business owners on the losing end of a Co-19 shutdown order assert that the Sixth Circuit got it wrong when it concluded that the “overriding public purpose” of the shutdown orders should be given what amounts to dispositive weight under
To “slow the spread” in the early days of the Co-19 thing, the City ordered businesses to shut down. But not Wal-Mart, liquor stores, or churches. Golden Glow, a tanning salon objected, and told anyone who would listen that it could operate without person-to-person contact. Sorry, no exceptions.
Federal lawsuit followed, alleging the claims you
Florida law makes it really difficult for municipalities to adopt rent controls. State statutes and the Florida Constitution erect all sorts of substantive and procedural hurdles that must be crossed. For example, a statute requires findings that any such measures are responding to an emergency, a “grave … menace to the general public,” and places
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit, considering an issue we’ve been following: what is the effect of the government’s claim that it is regulating property for what looks like a valid “police power” purpose?
As noted, that’s a road we’ve been down before. Here’s a sampling: