This just in. The Federal Circuit has issued an opinion in Casitas Municipal Water District v. United States, No. 2012-5033 (Feb. 27, 2013), a case we’ve been following for a while.
The court affirmed the CFC’s dismissal of the case on ripeness grounds:
Casitas Municipal Water District (“Casitas”) operates the Ventura River Project (the…
Here the first briefs filed in which the parties attempt tofigure out what the Supreme Court meant inArkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012)
Once the Supreme Court rejected that per se rule of no liability, the Court of Federal Claims in Big Oak Farms, Inc. v.
Here are the links to the materials and briefs from the Supreme Court’s three taking cases which we are discussing at today’s teleconference sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee.
Post-telecon note: thanks to everyone for joining us. I will be posting up the…
Did we say free? (If you are an ABA member, that is.)
Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling…
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to the most recent reports and the cert-stage briefs in the second go-round for the case: Horne II “The World’s Most Outdated Law” Crahses Headlong Into Takings.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…
