Here’s the cert petition, recently filed, which asks the U.S. Supreme Court to review a decision of the North Carolina appellate courts. We say “appellate courts,” because the decision being reviewed is one from the N.C. Court of Appeals, because the N.C. Supreme Court, after granting discretionary review, punted and dismissed the appeal after
SCOTUS Amici Briefs In Legislative Exactions Case
Here are the full set of petitioner-side amici briefs in 616 Croft Ave., LLC v. City of West Hollywood, No. 16-1137, the case which asks the Supreme Court to determine whether the Nollan-Dolan-Koontz exactions standards apply to conditions on development imposed by a legislature.
SCOTUS Amicus Brief: Lawless Legislatures Should Be Treated The Same As Lawless Zoning Boards
Here’s the amicus brief filed yesterday by the National Federation of Independent Business Small Business Legal Center, joined by Owners’ Counsel of America, in a case we’ve been following.
This case asks the Court to resolve a big outstanding issue: are legislatively-imposed exactions (however that term is defined) subject to the same
Murr Oral Argument Recording
Here’s the recording of the March 20, 2017 oral arguments in Murr v. Wisconsin, the e “larger parcel” or “denominator” case.
The printed transcript is posted here, and our summary of the arguments is posted here. Our preview of the arguments, which includes link to the briefs, is here.
Friday Round-Up: Murr Arguments, Exactions Cert Petition, Houston “Zoning”
Here’s what we’re reading this Friday:
- Here’s a more complete analysis of the recently-filed cert petition on whether legislatively-mandated permit conditions are exactions subject to Nollan/Dolan. From our colleague Bryan Wenter, former City Attorney for Walnut Creek, California. at Miller Starr Regalia’s land use blog.
- Professor Kanner on the Murr oral arguments. Our summary
New Cert Petition: Are Legislatively-Imposed Permit Conditions Subject To Nexus/Proportionality?
Here’s the cert petition, docketed yesterday, in a case we’ve been following on legislatively-imposed permit exactions, an issue in dire need of Supreme Court resolution.
Here’s the Question Presented:
A City of West Hollywood ordinance requires that builders of a proposed 11-unit condominium pay a $540,393.28 “affordable housing fee” to subsidize the construction of low-cost housing elsewhere
New Article: Recent Developments In Eminent Domain
Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year.
Many of the cases discussed will be familiar to regular
2017 ALI-CLE Eminent Domain Conference Wrap, 2018 Venue Announcement
When we previewed the 2017 ALI-CLE Eminent Domain & Land Valuation Litigation Conference while we were getting buried in the snow a couple of weeks ago, we promised there would be better weather in San Diego than much of the country was then experiencing. As you can see, we delivered.
We — and by
Links & Materials From Day 3 Of ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego
Our final day was anchored, as usual, by Pacific Legal Foundation’s Jim Burling, and property rights guru and advocate Michael Berger. Jim was his usual riveting self, and Michael supplied the insight to cases which only he can.
In case you are wondering, the above is the view from the dais, and no, I didn’t
Day 1, 2017 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego
Here are the links and references to the cases we spoke about today at our opening session on the national trends in eminent domain law at the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego.
We again have a record attendance, and a good number of new attendees. If you aren’t