Today, on behalf of the National Association of Home Builders and the Wisconsin Building Association, we filed this brief amici curiae in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
The brief…
The property owners have filed an application for a writ of certiorari asking the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009).
Disclosure: we filed an amicus brief supporting…
I’m on the road so haven’t had the opportunity to digest this one in more detail.
In an unpublished opinion in Community Redevelopment Agency of the City of Los Angeles v. Kramer Metals, No. B208726 (Apr. 23, 2010, the California Court of Appeal (Second District) held:
Kramer Metals, a California partnership, Stanley J. Kramer…
A fascinating case is now pending in Hawaii’s Intermediate Court of Appeals involving the nature of “Torrens” title and, in a broader sense, the nature of property rights themselves.
Hawaii has had a dual system of land registration. One is your run-of-the-mill system of registering deeds (what we creatively call “Regular System”). The other is…
In granting a special zoning exemption to Shelter House, Iowa City allowed it to build a homeless shelter on land next to Mr. and Mrs. Dahlen’s mobile home park. After losing their challenge to the zoning exemption, the Dahlens filed suit in federal court alleging the exemption violated their due process rights.
That claim was…
Calling the case “tempestuous,” the New Jersey Law Journal (via law.com) summarizes this week’s New Jersey Supreme Court oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009). See Michael Booth, Town’s Taking of Beachfront Property Without Compensation Tested at Court (Mar. 24, 2010).
In Klummp v. Borough of Avalon…
Courtesy of the New York Times is the backstory of Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). This, of course, is the “judicial takings” case that was argued in the Supreme Court last December, and is now awaiting disposition (our summary page contains…
The New Jersey Supreme Court has scheduled oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009), to review the decision from New Jersey’s AppellateDivision which held that the government can assert inverse condemnationin order to take property without compensation. (If that leaves you scratching your head, you are not…
The Connecticut Supreme Court has issued opinions in a trio of closely-watched eminent domain cases. The first two opinions deal with technicalities of eminent domain law, but the third overturns a $12 million jury verdict that the Town of Branford, Connecticut abused its eminent domain power.
In Town of Branford v. Santa Barbara, SC …
Remember Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam), the decision from New Jersey’s Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation?
As noted in this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners’ petition (available…
