Update January 20, 2015: here are links to the most recent reports and the cert-stage briefs in the second go-round for the case: Horne II “The World’s Most Outdated Law” Crahses Headlong Into Takings.
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It’s not really the “Sun-Maid Girl,” but rather the organization the trademark now represents, Sun-Maid Growers of
Here’s a case that illustrates the weird results that can occur in takings cases where a property owner can be deemed to be too late (the statute of limitations) or too early (ripeness), take your pick.
In 1996, Mr. Smith got disbarred by the Tenth Circuit and a few other federal courts, and in 1999
Update: Gideon Kanner’s thoughts on the case here.
As we mentioned in this post about earlier proceedings in the case, when the plaintiff/property owner’s name is “Jerry McGuire” and he is asserting a claim for compensation, it’s inevitable that we all make reference to the “show me the money” catchphrase from Jerry
Here’s the amicus brief filed today on behalf of the International Municipal Lawyers Association in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012). The brief argues:
Petitioners have needlessly complicated the vindication of their asserted rights under the Takings Clause of the Fifth Amendment by failing to file
Here’s the Federal Circuit’s Order for additional briefing in the Arkansas Game & Fish Comm’n v. United States case. As you know, the U.S. Supreme Court earlier reversed the Federal Circuit’s conclusion that government-induced flooding could not be a taking because it was not “permanent, ” and remanded the case to the Federal Circuit for
We’re sensing a trend here: takings cases where the property owners/plaintiffs are dead by the time their cases get considered by the Supreme Court. The week before last, the Court heard arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), a case where the original landowner
Thanks to the folks at the Environmental Law Institute, who have allowed us to reprint an article from a recent Environmental Law Reporter which brings some clarity to the subject of the “denominator” issue in regulatory takings.
In Temporary Takings, Tahoe Sierra, and the Denominator Problem, William W. Wade, Ph.D., a resource
I just received my copy of the latest edition of of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis 5th ed. 2012). It switched formats and is now a looseleaf and not a bound hardcover, which hopefully means it will be easier to update.
Like the earlier editions, this is a must-have for
Here‘s what we think is the final top-side amicus brief in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012), supporting the petitioner/property owner. Filed by the Chamber of Commerce of the United States, the brief argues that where “the government requires a direct transfer of funds, and
Here’s the brief amici curiae submitted by five law professors who teach constitutional law, in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012), supporting the petitioner/property owner. In that case, the Ninth Circuit held the District Court had no jurisdiction to hear a takings defense to the USDA’s