Due process

When reading the Ninth Circuit’s latest foray into the regulatory takings doctrine which holds that a muncipal rent control ordinance did not qualify under Penn Central (MHC Financing Ltd P’ship v. City of San Rafael, No. 07-15983 (Apr. 17, 2013), we were reminded of the opening line in Andy Williams’ signature tune “…

This just in: the Ninth Circuit has issued an opinion in MHC Financing Ltd P’ship v. City of San Rafael, No. 07-15983 (Apr. 17, 2013), reversing the District Court’s decision that the city’s mobilehome rent control ordinance was a taking under Penn Central.

More, after a chance to review the opinion.

MHC Financing …

Here’s one to brighten your day, courtesy of the the U.S. District Court for the Middle District of Flordia (that’s Tampa, to all you non-Floridians). In Hillcrest Property, LLP v. Pasco County, No. 8:10-cv-819-T-23TBM (Apr. 12, 2013), the court held the county’s “Right of Way Preservation Ordinance” that allows it to land…

Here’s the amici brief of the International Municipal Lawyers Association and the National League of Cities, which urges the U.S. Supreme Court to review the Ninth Circuit’s decision in Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012).

In that case, a 2-1 panel held that the city could not presume…

Here’s what’s on our reading list today:

  • Here’s the latest chapter in the saga of one Fane Lozman, whose titling at windmills got some Supreme Court love recently when the Court held that his floating home was not a “vessel” under admiralty law, and a Florida city was wrong to seize it. My Damon

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Here’s the transcript from today’s Supreme Court oral arguments in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012).

Here’s a recap of the arguments from Lyle Dennison at SCOTUSblog: “If only it were simple…“

Transcript, Horne v. USDA, No. 12-123 (Mar. 20, 2013)

Here’s the Reply Brief in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012), the case asking whether in an enforcement action by the USDA, California raisin farmers can raise the defense that the requirement they turn over to the government a certain percentage of their yearly crop would…

Koontz Sets The Stage

The apparent sticking point during the January oral arguments in n Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), came to light via Justice Scalia’s questioning of the property owner’s counsel about whether anything had been “taken” when a property owner refused to…

As we noted here, the City of Los Angeles has filed a cert petition asking the Supreme Court to review Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). In that case, a 2-1 Ninth Circuit panel held that the city could not presume that property owned by homeless people…

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…