Two more complaints challenging covid shutdown orders as takings (inter alia). Add to the growing list. See here, here, here and here, for other similar complaints.
The first is from California. It asserts that ordering “nonessential” businesses to shut down is a taking. The complaint alleges that unless the
Here’s what we’re reading today. Some related to the lockdown, some not:
This morning, the Supreme Court of Virginia heard oral arguments (by telephone) in a case we’ve been following.
This is an inverse case that asks whether less than a total loss of access to a parcel could be taking — did the owner plead enough to put the issue to a jury — and
To all who joined from Hawaii and across the nation, thank you for doing so. As I mentioned during the webinar, here is the video and links to the cases and other materials I spoke about:
Here’s a short one from the Florida District Court of Appeal where the background might be more relevant to today’s circumstances than the court’s actual holding about which party bears the burden of proof on valuation (and goes first at trial).
First, the decision. In Florida Dep’t of Agriculture v. Mahon, No. 5D19-3102 (Apr.
Join us next Tuesday, April 14, 2020, at 12 noon Hawaii Time (3pm PDT, 6pm EDT) for a free webinar sponsored by the Grassroot Institute of Hawaii, “Safety vs. Freedom: Are There Limits to Lockdowns?” Register here.
Here’s the description of the program:
Governments at every level in Hawaii have
Here’s another complaint (here’s the first) challenging a state’s business shut-down order as a taking. This time it is Colorado, and the complaint seeks an injunction and compensation.
Here are the highlights:
Here’s the latest in a case we’ve been following. We even visited the site with our class last year.
Today, the Virginia Supreme Court heard argument on the petition for appeal (streaming above from the webstream, or download the mp3 here) in what we call the oyster case because it involves the property
Well, here it is. What looks like the first complaint to be filed challenging a state governor’s order to shut down businesses to “flatten the curve.”
The complaint seeks class action status, and raises section 1983, due process, and Fifth and Fourteenth Amendment takings claims. It seeks damages, compensation, a declaratory judgment, and, interestingly, an
The materials we were reading yesterday (particularly Steve Silva’s “History: Fire and Blood(worth),” got us to thinking. There, Steve wrote about the September 2, 1666 London fire which destroyed 80% of the city, the government’s emergency powers, and compensation. He also brought up a subject we had not know of before: the subsequent