Here’s the final amicus brief supporting the petitioner in the case challenging New York City’s rent control ordinance. The case is in the cert stage (we posted the petition here, along with the other three amicus briefs supporting the petition), and although the respondents initially waived their response rights, the Court requested a response
Links From Today’s IMLA Regulatory Takings Webinar
Here are the links to the cases and other items discussed today at the International Municipal Lawyers Association webinar with Dan Mandelker and Dwight Merriam. Most of these cases are also in your written materials.
- 9th Circuit: California Raisins Were Not Taken (Horne v. U.S.D.A., No. 10-15270 (9th Cir. July 25, 2011))
Thursday Round-Up
What we’re reading today:
- Court weighs handling of suit over DOT rules for future highways – North Carolina colleague Matthew Bryant argued an appeal yesterday in the court of appeals regarding the class action-worthiness of a case in which the Dep’t of Transportation effectively blighted a huge swath of land by identifying it as a
March 13, 2012: RLUIPA Webinar
Mark your calendars: Dwight Merriam and his team at Robinson & Cole are conducting a webinar/teleconference CLE, “Religious Land Use and Institutionalized Persons Act Claims – Strategies for Local Governments to Avoid or Defend RLUIPA Actions.” Also on the faculty is Professor Marci Hamilton, one of the nation’s leading church/state scholars and
Texas: “The protection of property rights, central to the functioning of our society, should not – indeed cannot – be charged to the same people who seek to take those rights away.”
In City of Dallas v. Stewart, No. 09-0257 (Jan. 27, 2012), the Texas Supreme Court provided a good reminder of the importance of property rights and due process, even when protecting rights may inconvenience the government. In that case, the court held that a determination by a city agency that a home was a
Cal App: “Denial” Of Rezoning Is The Same As “Adoption” Or “Amendment” Of Zoning For Limitations Purposes
Under California law, there’s a short statute of limitations (technically, it’s a “statute of repose” but who’s quibbling) for challenges to local government zoning decisions. The statute requires that a challenge must be filed within 90 days to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend
Tuesday Round Up: Cal Redevelopment Drawdown To Hurt Animals, Children; Thank You Public Workers For Saving Hawaii
Here’s what we’re reading today:
- Oakland budget cuts his zoo, Children’s Fairyland – from the San Francisco Chronicle: “In all, more than $28 million will be sliced from the budget, mostly from the $388 million general fund. The cuts are due to the loss of redevelopment funds, which Oakland used to fund services and
9th Cir: No Vested Rights Taken By Oregon’s Measure 49
We’ve been watching Bowers v. Whitman, No. 10-24966 (Jan. 12, 2012), the case which challenged Oregon’s Measure 49, the statute adopted by initiative that replaced and modified the earlier Measure 37. Measure 37, for those not aware, was the initiative measure by which Oregon voters required the state to compensate owners whose private property
Tonight: San Francisco Screenings Of “Battle For Brooklyn” At The Roxie
San Francisco Bay Areans: come join us at the Roxie Theater (3117 16th Street between Valencia and Guerrero, San Francisco) tonight for screenings of Battle for Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards eminent domain case. Two shows, 7:00 and 9:00 p.m. Details, including ticket purchase here.
I’ll be
“Urbanized” – Land Use And Planning Documentary Released
Thanks to the Land Use Prof Blog for getting the word out about the new documentary “Urbanized.” It’s next up on our “to watch” list, and we will have a review when we’ve seen it. The New York Times had this to say:
The mingling of design and happenstance is, to some extent