More briefs have been filed in support of the Petitioner/property owner in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
Due process
Cato Institute And Pacific Legal Foundation Amicus Brief In Beach Takings Case
The Cato Institute, the National Federation of Independent Business Legal Center, and the Pacific Legal Foundation have filed this amicus brief supporting the property owners in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The brief argues:
In the opinion below, the Florida Supreme…
Petitioner’s Merits Brief In SCOTUS Beachfront Takings Case
The property owners have filed their merits brief in the beachfront takings case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The case presents three questions:
TheFlorida Supreme Court invoked “nonexistent rules of state substantivelaw” to reverse 100 years of uniform holdings that littoral…
Latest In Maui Affordable Housing Exaction Case: Cross-Motions On Due Process
Here’s the latest 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 to the County of Maui’s “workforce housing”ordinance, enacted in in 2006, which imposes a40% to 50% affordable requirement on…
Report: Beachfront Takings Case May Be Sotomayor’s First Test
From The Destin Log, the hometown newspaper from the location of the U.S. Supreme Court case on judicial takings and beachfront land (Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009)), comes the report “Destin may be Sotomayor’s first test: Analysts think new justice …
PING: Immigration Adviser in BarkingURL: http://bleacherreport.com/users/1955859-hamza-terkildsenIP: 217.27.150.230BLOG NAME: Immigration Adviser in BarkingDATE: 02/04/2013 12:32:30 AMinversecondemnation.com: Second Circuit: State Court Statute Of Limitations Dismissal No Bar To Federal Claim
By Robert H. Thomas on
In Cloverleaf Realty of New York, Inc. v. Town of Wawayanda, No. 07-3405-cv (July 15, 2009), the Second Circuit held that a dismissal by a state court on statute of limitations ground does not preclude the plaintiff from bringing the same claim in a federal court which has a longer statute of limitations.
Needing…
PropertyProf’s Summary Of The SCOTUS Beachfront Takings Case
In What’s At Stake in Stop the Beach Renourishment, Lawprof D. Benjamin Barros posts a comprehensive summary of “judicial takings” case accepted for review by the US Supreme Court, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). Raises several interesting points and worth
Tuesday Round-Up
Here are items which we’ve been reviewing today:
- Dwight Merriam’s thoughts on SCOTUS nominee, Second Circuit Judge Sonia Sotomayor.
- A report that the “Florida Hometown Democracy” initiative has made the 2010 ballot. According to the report “[i]f the proposal gets 60 percent approval at the polls, HometownDemocracy would require local referendums on changes to city
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Depends On What The Meaning Of “Blight” Is
A recent post by Florida Keys land use attorney Jim Mattson on his Grand Theft: Property blog “Oral Argument in Condemnation Blight Case” got us to thinking.
On Judicial Takings, And The Hawaii Water Rights Backstory In Stop The Beach Renourishment
The U.S. Supreme Court last week agreed to review the Florida Supreme Court’s decision in Walton County v. Stop the Beach Renourishment, Inc.,998 So.2d 1102 (Fla. Sep. 29, 2008), which heldthat a state statute prohibiting “beach renourishment” without apermit did not effect a taking of littoral (beachfront) property, eventhough it altered the long-standing rights…