Here’s the cert petition you knew was coming, which asks the U.S. Supreme Court to review the California Supreme Court’s decision upholding the City of San Jose’s “inclusionary housing” requirement by applying rational basis review. The California court held the requirement was not an “exaction,” and was no more than a mere zoning regulation or
Tomorrow: ABA Land Use Committee Talk On The California Workforce Housing “Exaction” Case
Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.
It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was
Hawaii Federal Court Gets Rid Of Most Claims Against Land Use Commission, But Allows Takings And Vested Rights Claims To Go Forward
Here’s the latest in a case that we’ve been following, which was in both state and federal court, Bridge Aina Lea v. Land Use Comm’n.
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other
Podcast: Cal. Building Industry Ass’n v. City of San Jose – Is An “Inclusionary” Housing Requirement An Exaction, Or Mere Zoning?
Here’s a short (approx. 10 minute) summary of the recent decision by the California Supreme Court in California Building Industry Ass’n v. City of San Jose, No. S212072 (June 15, 2015).
In that case, the court upheld the city’s “inclusionary housing” requirement against a Nollan–Dolan–Koontz challenge. The court concluded the ordinance
Tex App: Penn Central Claim Was Poorly Drafted, But It’s Good Enough
Here’s a short one from the Court of Appeals of Texas, Eighth District, involving how well a regulatory takings claim needs to be pleaded in a complaint.
In County of El Paso v. Navar, No 08-14-00250-CV (Aug. 7, 2015), the court held that a pro se plaintiff who alleged, among other things, that the
Links From Today’s “The Takings Issue” Webinar
To those able to join us today for IMLA’s “The Takings Issue” webinar, thank you. Here are the links to the items which I discussed:
On Koontz:
- “Surprise! Environmental Lawprof Dislikes Koontz“
- Ann E. Carlson and Daniel Pollak, Takings on the Ground: How the Supreme Court’s Takings Jurisprudence Affects
ABA Annual Meeting Programming: Takings, Land Use, Supreme Court, Election Law, Appellate Traps
We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:
- Looming Land Use Constitutional Issues – Friday, July 31, 2:45 – 4:15 pm, Westin Chicago
Mark Your Calendars For Upcoming Events: Takings, Sharing Economy, Fair Housing, etc.
If you need CLE credits, you are in luck. There’s a plethora of upcoming programs that may be of interest to readers.
First, the ones we’re involved with:
- The Takings Issue – August 10, 2015, 1 – 2pm ET (webinar) – from the International Municipal Lawyers Association. We’re joining Professors Dan Mandelker and John Echeverria,
Horne v. USDA: Way More Than Silly Raisin Jokes
The Hornes outside the Supreme Court
“Separate educational facilities are inherently unequal.”
Chief Justice Earl Warren,
Brown v. Board of Education
“The Fourteenth Amendment does not enact
Mr. Herbert Spencer’s Social Statics.”
Justice Oliver Wendell Holmes,
dissenting in Lochner v. New York
“…prejudice against discrete and insular minorities…”
Justice Harlan Fiske Stone, in footnote 4
Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation – 31st Annual Conference, Chicago, July 30, 2015
The Land Use Institute, a program that for many years has been planned by co-chairs Frank Schnidman and Gideon Kanner, has found a new home with the American Bar Association’s Section of State and Local Government Law as the main sponsor. It also has a new Planning co-chair, Dean Patty Salkin of Touro Law