Check out State ex rel. Sunset Estate Properties, LLC v. Village of Lodi, No. 2013-1856 (Mar. 10, 2015), a case in which the Ohio Supreme Court held that a local zoning ordinance was unconstitutional on its face.
The Village’s zoning code, adopted in 1987, banned manufactured home (trailer) parks. Of course, the ordinance could
Here’s the amici brief of the National Association of Home Builders, the National Association of Realtors, the National Association of Independent Business Small Business Legal Center, and others in the case we’ve been following out of the federal courts in Florida about a county’s “right of way preservation” ordinance (which is somewhat similar, but perhaps
Here’s the trial court’s opinion in one of the Jersey Shore “dune replenishment” cases we’ve been following.
These are the cases in which owners of beachfront property (or in one case, a municipality itself) objected to the state and local governments summarily taking easements on private property to be used to armor the shoreline
Yesterday, we were able to attend the Ninth Circuit oral arguments in a case which we posted on last month, Rancho de Calistoga v. City of Calistoga, No. 12-17749.
In that case, the U.S. District Court for the Northern District of California dismissed the complaint filed by the owner of a wine country
Land users, please read the California Court of Appeal’s opinion in Woody’s Group, Inc. v. City of Newport Beach, No.G050155 (Jan. 29, 2015), which starts off with this straightforward summary:
The language of the law is replete with synonyms for fairness: due process, equal protection, good faith, harmless error are all ways of expressing
Last we checked in with the Bridge Aina Lea case, the Ninth Circuit said it would hold off on a decision until the Hawaii Supreme Court ruled in the associated state court litigation (see 9th Cir Says “Let’s Wait” On Hawaii Supreme Court To Rule In Bridge Aina Lea).
This is the federal court
Here’s the latest in a case we’ve been following, the property owner’s cert petition, filed last week, in which a U.S. District Court invalidated a Florida county’s “Right of Way Preservation Ordinance” which allows it to land bank for a future road corridors by means of an exaction. The court concluded the ordinance
It’s always a safe bet to predict that the Supreme Court will deny review in a case, and if that’s what you had guessed for Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014), today’s order list would prove you right.
That’s the case in which the Second Circuit
The people of Margate City, New Jersey, voted to say “no thank you” to building dunes on the beach to limit damage in the event of another hurricane like Sandy were to hit.
But the State of New Jersey decided to do it anyway, and issued an administrative order “taking” an easement. Problem is
Professor Richard Epstein began the Hawaii Land Use Law Conference with the keynote presentation on “Stealth Takings: Exactions, Impact Fees, and More,” which was his usual comprehensive and non-stop takedown of takings law.
Our panel on Impact Fees and Exactions After Koontz followed, and here are