When you are a property owner making a takings argument and Justice Scalia gives you a hard time at oral argument, you would be safe in thinking that you’ve got an uphill battle.
That was the situation today during the oral argument (transcript here) in Koontz v. St Johns River Water Mgmt Dist.
For those of us who were far, far away, and thus not able to be in D.C. for today’s oral arguments in person, here is the transcript in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
Here’s the first recap of the arguments, from Greenwire‘s Lawrence
With the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012) at last here, we thought we’d go back and revisit our write-up of our visit to the Dolan site, complete with photos: Regulatory Takings Pilgrimage Part II.
Koontz, as you know, is about whether the Nollan nexus test, and Dolan‘s requirement of “rough proportionality” apply only to land exactions, or is a generally-applicable test for all exactions.Continue Reading Exactions Flashback – Our Visit To The Dolan Site
Here‘s the Legal Information Institute’s preview of tomorrow’s U.S. Supreme Court arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Court will be addressing whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only
When we first read the Seventh Circuit’s opinion in Muscarello v. Winnebago County Bd., No. 11-2332 (7th Cir. Dec. 7, 2012), a case involving takings, due process, and other* challenges to a county zoning ordinance making it easier to build a wind farm, our first thought was “that case sounds familiar.”
It was. In
Here’s a follow-up to our recent post about the U. Hawaii Law Review article authored by lawprof David Callies which summarizes the land use and property decisions of the Hawaii Supreme Court during the tenure of now-retired Chief Justice Ronald Moon. You know, the article setting out the stunning success rates of certain parties in
Here’s the preview of next week’s U.S. Supreme Court arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Court will be addressing whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only to exactions for
How, as an appellant, do you know you are in trouble? When an opinion starts like this, that’s how:
Although a residential subdivision proposed for construction in a bucolic Rhode Island town never saw the light of day, its ghost continues to haunt the parties. But apparitions rarely have substance, and this one is no
You know how we’re always saying that certain parties have an enviable record of success in the Hawaii Supreme Court? Well, now the statistics are official.
The latest edition of the University of Hawaii Law Review published an article by lawprof David Callies summarzing the decisions of the court during the tenure of now-retired Chief
Here’s petitioner’s reply brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), which responds to the Water Management District’s merits brief.
In that case, the U.S. Supreme Court will address whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only