In this Order, the Supreme Court has granted the cert petition in the case we’ve been following about the anti-eminent domain sign in Norfolk, Virginia. The Court vacated the Fourth Circuit judgment and sent the case back down for consideration in light of the recent ruling in Reed v. Town of Gilbert.
Municipal & Local Govt law
HAWSCT On Preemption: Local Weed No-Enforcement Initiative Conflicts With State Criminal Law (And That’s Enough)
One for you muni law types (and for future students of Admin Law to assist them with writing their outlines). In Ruggles v. Yagong, No. SCWC-13-0000117 (June 25, 2015), a divided Hawaii Supreme Court refined the test for determining when a municipal ordinance or charter provision is preempted by state law.
The court clarified…
Florida App: Inverse Plaintiffs Must First Show A Wipeout Taking Before “Condemnation Blight” Considered
Everyone is distracted today by the too-big-to-fail “Obamacare” ruling by the 6-3 Supreme Court (or, as Justice Scalia called it “SCOTUScare“), in which the Court concluded that the vibe of a statute matters more than its actual language, and the Court’s ruling in the “disparate impact” fair housing case (speaking of which…
Upcoming APA Webinar: 2015 Planning Law Review
On Wednesday, July 1, 2015, the American Planning Association is putting on the 2015 Planning Law Review, a program highlighting the most important and topical cases decided by the courts recently. Here’s the program description:
Planning feels the impact of decisions from the U.S. Supreme Court, federal district courts, and state courts. How will…
Unboxing Video: Horne v. Dep’t of Agriculture
We are distracted today so haven’t had the time to write up our initial thoughts about Horne v. Dep’t of Agriculture, No. 14-275 (June 22, 2015), the California raisins takings case which the Supreme Court decided yesterday.
So instead we did this video, a take off on those goofy tech “unboxing” videos.…
Kelo At 10: Still Stinks, And A Decade Has Not Lessened The Odor
In case you somehow missed it, takings junkies, today, June 23, 2015, is the tenth anniversary of the U.S. Supreme Court’s excreable 5-4 decision in Kelo v. City of New London, 545 U.S. 469 (2005), and just about anyone who is anyone in our field has weighed in with a retrospective. We don’t have much…
Today’s Other Supreme Court Property Rights Decision
In all of today’s excitement about the Court’s opinions in Horne v. Dep’t of Agriculture, No. 14-275, the “raisin takings” case which we posted about earlier, we almost lost sight of the other property rights decision issued by the Court, City of Los Angeles v. Patel, No.13-1175 (June 22, 2015).
The case did…
Here’s Why The Supreme Court Held The Raisin Marketing Order Was Unconstitutional…
… look no further than the above report from The Daily Show.
Yeah, it’s satire and does at times make light of a serious case, but the USDA was trying to defend a regulation that…
Raisin Round-Up
Update: here’s more Horne talk, in addition to our own initial thoughts in the above video and this post (“Magna Raisins: 8-1 SCOTUS Says There’s A Taking, But Not All Agree On Remedy“):
- “Today’s Other Supreme Court Property Rights Decision” (our post about City of Los Angeles v. Patel, No.
…
Podcast: Leviathan Shrugged? The Supreme Court’s Raisin Takings Case
Here’s the podcast of our recent talk to the American Bar Association’s Section of State and Local Government Law about the (then) upcoming decision in Horne v. Dep’t of Agriculture, No. 14-275. Transcript here, if you’d prefer to read it.
This is a preview of the decision. But since we made some predictions…


