Equal Protection

Here’s a case we’ve been following (esp. because our firm is counsel for the two intervenors). In Montanans Against Irresponsible Densification, LLC v. Montana, No. DA 25-0200 (Mar. 17, 2026), the Montana Supreme Court upheld the “Montana miracle” housing and zoning reform statute against an equal protection challenge. This case is important not only because it upholds loosening of restrictions on housing development and private property rights, but because it also confirms the freedom of contract, and recognizes that private owner remain free to control the use of their own property in the best manner they see fit. …
Continue Reading YIMBY v NIMBY In Montana Supreme Court: “housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently.”

The key quote from the Illinois Appellate Court’s recent opinion in Robinson v. City of Chicago, No. 1-23-2174 (Mar. 24, 2025), in which a property owner challenged the inclusion of his property in a new Chicago historic preservation district? This seemingly innocuous sentence setting out the standard of review:

The plaintiff acknowledges that his…

This is one we’ve been meaning to post for a while, but something else always seemed to intervene.

In BMG Monroe I, LLC v. Village of Monroe, No. 22-1047 (Feb. 16, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a statutory and constitutional challenge to the Village’s .…

ALI-CLE brochure cover page

When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.

Maybe it was the New Orleans venue with its atmo, food, and music for…

Don’t miss out!

We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and…

This season of the Institute for Justice‘s podcast series “Bound by Oath” is devoted to property rights. It’s a fascinating series — produced by John Ross, it is more like an audio documentary than a typical podcast — focusing on constitutional issues. And we say this not just because we’ve been a…

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Starting in January, we’ll be helping our friend and former law partner Mark M. Murakami with the venerated and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.

We’re temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that…

A quick one from the Alabama Supreme Court. In Dixon v. City of Auburn, No SC-2022-0741 (Oct. 27, 2023), the court rejected a property owner’s claim that the city outlawing short term rentals of residential properties — when the plaintiff had been renting his basement for a while — was not a violation of …

Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.