Damagings

The Outlaw Northland Swales? CA8 OK’s Inverse Judgment For City’s Denial Of Use (Which Also Failed Equal Protection Rational Basis Review)

By Robert H. Thomas on August 12, 2026

Posted in Damagings, Equal Protection, Inverse condemnation

Worth checking out: Northland Management & Constr., LLC v. City of Parkland, No. 25-2239 (Aug. 3, 2026), from the U.S. Court of Appeals for the Eighth Circuit, hich affirmed the district court’s conclusion after a bench trial that the city had inversely condemned Northland’s property (under Missouri law) because the city denied a certificate of occupancy. …
Continue Reading The Outlaw Northland Swales? CA8 OK’s Inverse Judgment For City’s Denial Of Use (Which Also Failed Equal Protection Rational Basis Review)

Morgan Riley

Virginia Supreme Court Amicus: There’s A Difference Between Constitutional “Damagings” And Severance (Residue) Damages In Takings Just Compensation

By Robert H. Thomas on April 7, 2026

Posted in Damagings, Property rights, State Constitutions

Here’s Pacific Legal Foundation’s motion asking the Virginia Supreme Court to allow us to file a brief amicus curiae which urges the court to grant a discretionary appeal and review this Petition for Appeal by a Norfolk, Virginia homeowner who, according to the trial court, suffered a taking but was prevented from presenting all evidence of just compensation, including the “residue damage” required in partial takings by the Virginia Constitution. …
Continue Reading Virginia Supreme Court Amicus: There’s A Difference Between Constitutional “Damagings” And Severance (Residue) Damages In Takings Just Compensation