Just over a month ago, the U.S Court of Appeals for the Fourth Circuit held that a federal takings case could actually proceed in federal court. Well yesterday, the same court issued a similar opinion in a related case, Town of Nags Head v. Toloczko, No. 12-1537 (Aug. 27, 2013).
We won’t go
Here are links to the cases and other materials (and more) we spoke about at today’s conference on Eminent Domain and Condemnation in Hawaii:
Update: More here from the Star-Advertiser.
Courts, as “temples of justice” can be intimidating places, especially for the advocates who appear there. And when you make it a federal court, the level goes up. And when you are in a storied courthouse such as the Ninth Circuit’s headquarters in San Francisco surrounded by
We just finished up with the oral arguments at the Ninth Circuit courthouse in San Francisco. We’ll have a more detailed report later today, but our initial reaction is that it looks like at least two of the three judges are very skeptical whether there was an appealable final order in the case, and thus
Here’s what we’re reading today:
What’s this, a federal court actually allowing a federal Fifth Amendment claim to be litigated in federal court? Why that’s as rare as hen’s teeth, although it shouldn’t be.
That’s the ruling of the Fourth Circuit in Sansotta v. Town of Nags Head, No. 12-1538 (July 25, 2013), which reversed the district
This really was a “blockbuster” Term for the Supreme Court and takings law: no less than three cases (and four, maybe five, if you expand it slightly to include property-owner favorable cases such as Lozman and last term’s Sackett), and as Gideon Kanner noted recently, the CLE sessions are flying fast and furiously.
Here’s one not to miss, not only because it’s free, but because it features our PLF colleague Paul Beard II, arguing and prevailing counsel in Koontz v. St. Johns River Water Mgm’t Dist., No. 11-1447 (June 25, 2013): on Wednesday, July 17, 2013, from 2:00 – 3:30 pm ET, Greenberg Traurig and
On Wednesday, July 17, 2013, from 4:00 – 5:30 pm ET, I will be a panelist in the American Planning Association’s above-titled teleconference. The session was put together by our ABA and OCA colleague Dwight Merriam, and in additon to Dwight and me, includes Professors David Callies (U. Hawaii) and Carol Brown (U.
Here’s the amicus brief filed today by Pacific Legal Foundation in Mehaffy v. United States, No. 12-1416 (cert. petition filed June 5, 2013).
That’s the case in which the Supreme Court is being asked to review to review the Federal Circuit’s unpublished opinion in which the court affirmed the Court of Federal Claims’ grant