Land use law

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.”

Next week, we’ll be at the Denver Law School for the 2026 Rocky Mountain Land Use Institute’s “Western Places | Western Spaces” annual conference. Earlier in our career, we were a fairly regular attendee, but for mesne reasons (unrelated to the conference) our ability to attend kind of fell off. Recognizing that shortcoming, we attended the 2025 Conference last year. This convinced us that indeed, we were missing out. In short, the RMULI has returned as a featured event on our calendar.
Continue Reading Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And Housing

Pictured: PLF’s Steve Davis, getting us started. We’re underway today with the academic symposium “Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Euclidean Zoning for the Century Ahead” at the George Mason Law School. Cosponsored by the law school’s Journal of Law, Economics, and Policy, Mercatus Center, and our outfit Pacific Legal Foundation, the symposium is designed to focus the discussion of housing, zoning, and property rights (hot topics in the headlines), and ask the question: has Euclidean zoning outlived its usefulness? And if so, what, if anything, should replace it?
Continue Reading Symposium: “Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Euclidean Zoning for the Century Ahead”

If you are still looking for a reason to head to the 808 next month, here it is. The 2026 Future of Property Law Conference, February 13, 2026 at the University of Hawaii School of Law.
Continue Reading 2026 Future of Property Law Conference, University of Hawaii Law School, Feb 13, 2026 (Live & Webcast)

The view from the podium

That’s right. More than 300 of the nation’s best eminent domain lawyers, judges, appraisers, right-of-way agents, scholars, and other industry professionals are in Savannah for the next two and a half days for what is now known as the American Law Institute (“ALI” alone, no longer with the “-CLE” addition)

Here’s the latest in a case we’ve been following (because it is a product of our shop: we represent the property owners/plaintiffs).

In this Order, the Florida Supreme Court declined to exercise jurisdiction to review the Third District Court of Appeals en banc opinion in Shands v. City of Marathon. So that decision

In Grand v. City of University Heights, No. 24-3876 (Nov. 13, 2026), the U.S. Court of Appeals for the Sixth Circuit held that a complaint alleging a RLUIPA claim and others was not ripe because they are “land use” claims subject to Williamson County‘s final decision requirement.

A neighbor was “displeased” that Grand

As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.

Now in its 43rd year, this flagship gathering