Here’s the latest in a case we’ve been following that involves a local government prohibiting, via a zoning ordinance, the mining of silica (used as “frac sand”). Kind of like how Pennsylvania barred certain coal mining in our old friend, Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922).
In Minnesota (where our story
Here’s the cert petition that we’ve been eagerly waiting to drop in a case we’ve been following (and which gathered a lot of public — and academic — attention and outrage).
Yes, this is the case where the Village police pretty much destroyed a family home in the course of their efforts to dislodge a
Make what you will of this 205-paragraph, 114 page (including 128 footnotes) Complaint, filed yesterday by the Acting Corporation Counsel for the City and County of Honolulu and a battery of outside lawyers against gasoline producers, alleging that they are responsible to pay the costs of sea-level rise and other symptoms of what the
Here’s the video of the OA held this morning (March 10, 2020) in a case we’ve been following, about the statute of limitations governing inverse claims. Maryland Reclamation Association filed an regulatory takings claim in 2013, and eventually the jury awarded a whopping $45 million in just compensation and interest. Hartford County asserted the
At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville, our colleagues, New York’s Jon Houghton and Hawaii’s Dave Day presented a very informative program on litigating regulatory takings cases. Jon is a property owner-side lawyer, while Dave is a Deputy Attorney General who represents the State of Hawaii in such
We just completed a fun hour-long talk with the students in the William and Mary Law School’s American Constitution Society, the Native American Law Society, and the Society on Environmental and Animal Law about the various pipeline cases that are ongoing nationwide. (If our tech worked, we shall post the audio recording in a future
The local government does stuff that local governments do. Things like improve nearby roads. In doing so, they often interfere with the ingress and egress that nearby landowners enjoy.
In Clark v. City of Pembroke Pines, No. 4D18-3549 (Feb. 26, 2020), the city had many reasons for erecting concrete barriers (among them the closure
The last two cert-stage briefs have been filed in a case we’ve been following for a while (since it was decided by the Colorado Court of Appeals).
In Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc., 444 P.3d 802 (Colo. App. 2017), the appeals court invalidated an attempt to exercise eminent domain to
Where is this? The clues are all in the picture.
You’ve seen the citation so many times, your eyes probably gloss over it. After all, Westlaw lists it with 4,507 “Citing References.” That’s a heckuva lot of citations to a single case.
Like this one, pulled from a recent random federal district court opinion:
And
Here’s the latest in a long-running, multi-forum takings case about the development of affordable housing on the Big Island of Hawaii.
Last we saw, the District Court awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea’s property. The parties cross-appealed: the State argues the district court should have
