If you are a plaintiff, you may rightly predict that if an opinion begins with the words, “[r]oughly two decades ago…” there’s a good chance you aren’t going to like the outcome. Courts tend to not like cases that are based on facts that occured 20+ years ago, after all. But that’s how the U.S. Court of Appeal for the Fourth Circuit’s opinion in Poppleton Now Community Ass’n LLC v. La Cite Development, LLC, No. 25-1770 (May 4, 2026) begins. Yet perhaps surprisingly, the court’s ruling against the plaintiffs is not based on the statute of limitations or some other defense keyed to the passage of time. Or any other procedural defense. Indeed, the court reversed district court’s judgment which had dismissed the complaint because the plaintiffs lacked standing.
Continue Reading CA4: Neighbors Can’t Challenge Failed Redevelopment That Resulted Only in “Vacant And Neglected” Property Next Door
NC: If A Taking Is Determined To Lack A Public Use, Title Revests In Private Owner. If Construction Already Taken Place, Restoration Is An Available Remedy
Here’s the latest in a case we’ve been following which presents an important issue. So much so that we filed an amicus brief in support of the property owner.
In Town of Apex v. Rubin, No. 206PAA21 (Aug. 22, 2025), the North Carolina Supreme Court held that if a taking is determined to be
CA8: You Believed The County When It Promised In The Settlement Agreement To Not Take Your Land In The Future? Shame On You!
One of the frustrations of challenging the power to take is … let’s say you win. Yay! You’ve stopped the taking!
So now what? Go back to your life safe in the belief that your property rights are secure? Maybe. If the government has had enough and says “no mas,” your win may
Call For Papers: “Housing and Exactions: The Next Frontiers After Sheetz“
Our outfit (Pacific Legal Foundation) has put out a call for papers. on the topic of land use exactions and housing law. Honorarium included for accepted papers, and there will be a workshop to follow.
Here’s the description:
This workshop seeks to build on the result of Sheetz v. County of El Dorado and
Aloha To Another Semester Of U. Hawaii Land Use
There are some rewards for working late in the 808
Yesterday was the last day of instruction for the Spring 2024 semester at the University of Hawaii Law School. Did these last few months ever go by fast.
A big thank you to Professor Mark M. Murakami, with whom I guest-lectured at the Old
Sheetz pt. II: The Concurrences – Does Nollan/Dolan Operate Differently When Exaction Affects A Class?
Note: this is the second of our posts on the recent Supreme Court opinions in Sheetz v. County of El Dorado, the case in which the unanimous Court held that exactions imposed by legislation are not exempt from the essential nexus (Nollan) and rough proportionality (Dolan) standards. Here’s our first post
Hawaii Five-80: More Land Use (Law 580) At The University Of Hawaii
Starting in January, we’ll be helping our friend and former law partner Mark M. Murakami with the venerated and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.
We’re temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that
Supreme Court Property Rights Round-Up
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
- Niina Farah, “Supreme Court flooding case could ripple across the energy sector“ (E & E News / Energywire) – About the Devillier case (which we summarized here), in which we were
Chump Alert! Developer’s Claim That City Can Be Held To Its Contract Limiting Exactions Goes About As Well As You’d Expect
We’re not going to dwell all that much on the California Court of Appeal’s recent opinion in Discovery Builders, Inc. v. City of Oakland, No. A164315 (June 22, 2023), mostly because it seems entirely predictable.
The developer thought it had an agreement with the city to pay certain fees (dare we say “exactions”) the
(Nearly) Last Call: There’s Still Time To Join Us For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, Austin
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.