Remember a while back when we noted that a property owner has asked the New Jersey Supreme Court to review what we called a “Kafkaesque” decision by the Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation? See Klumpp v. Borough of Avalon, No. A-2963-07
Due process
U.S. Supreme Court Considering Whether To Review New Case: Is Gov’t Grab Of 50% Of Punitive Damage Award A Taking?
By Robert H. Thomas on
Update: In this order, the Court declined to review the case.
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On Monday, October 19, 2009, the Supreme Court is scheduled to consider whether to review the Alaska Supreme Court’s decision in Reust v. Alaska Petroleum Contractors, Inc., 206 P.3d 437 (Alaska, Apr. 10, 2009).
The case is listed on SCOTUSblog’s…
NY Times On Gov’t Amici In Florida Beach Judicial Takings Case
In “Supreme Court’s Regulatory Takings Case Draws Widespread Interest,” the New York Times reports about yesterday’s filings by amici supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
The Supreme Court would likely resist such…
Amicus Briefs Supporting The Gov’t In Florida BeachTakings Case (aka Judicial Takings Case)
Several amicus briefs have been filed supporting the government’s position in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
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Cross-Motions On Due Process Issue Denied In Maui Affordable Housing Exaction Case – Next Up, Jury Trial
By Robert H. Thomas on
The District Court has denied cross-motions for summary judgment on the due process claims in the case challenging Maui County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The court’s order is available here.
The court’s denial focused mostly on procedural issues and the…
Amicus Brief Supporting Gov’t In Beachfront Takings Case: Statute Didn’t Eliminate Common Law Rights, It Enhanced Them
Brevard County, Florida, has filed an amicus brief supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
In Walton County v. Stop the Beach Renourishment, Inc.,998So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
Final Briefs On Due Process Motions In Maui Affordable Housing Exaction Case
The property owners and the County of Maui have filed their opposition and reply briefs regarding the cross motions for summary judgment in the Maui affordable housing case now being litigated in the U.S. District Court, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.).
The case is a challenge…
Latest In Maui Affordable Housing Exaction Case: Opps To Cross-Motions On Due Process
By Robert H. Thomas on
Our Amicus Brief In The Florida Beachfront Takings Case aka The Judicial Takings Case
On September 4, we filed an amicus brief on behalf of Owners’ Counsel of America in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
In Walton County v. Stop the Beach Renourishment, Inc.,998 So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
Even More Amici Supporting The Property Owners In Beach Takings Case
Confirming that Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009) is shaping up to be one of the most interesting cases in the Supreme Court’s term, even more amici briefs are coming in supporting the petitioner/property owners.
In an earlier post, we noted…