Thanks to the folks at the Environmental Law Institute, who have allowed us to reprint an article from a recent Environmental Law Reporter by William W. Wade, Ph.D., a resource economist with the firm Energy and Water Economics (Columbia, Tennessee). Bill is a frequent author and speaker on the Penn Central issue, and he’s
Penn Central
Eighth Circuit: No Physical Take For Fence Requirement
You have to like any sport that the New York Times describes as “like driving full speed through an endless loop of red lights. Luck often expires in a cloudburst of steam and scattered auto parts.” That’s how the Times described “figure 8 car racing.”
But not everyone likes figure 8 racing or…
Latest In Big Island Takings And Vested Rights Challenge To LUC Reclassification
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big…
Cert Denied In Guggenheim
By Robert H. Thomas on
The U.S. Supreme Court has denied the petition for a writ of certiorari in Guggenheim v. City of Goleta, No. 10-1125. Property owners asked the Court to review the Ninth Circuit’s sharply divided en banc opinion, which held that the City’s mobile home rent control ordinance did not work a regulatory taking because the …
Petitioners’ Reply In Guggenheim: “Instead of defending the Ninth Circuit’s decision on its own terms, the City rewrites it.”
By Robert H. Thomas on
The petitioners have filed their reply brief in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011), the case involving California mobile home park owners who are asking the Court to review the decision of a sharply divided en banc Ninth Circuit which held that Goleta’s mobile home rent…
Jess Jackson: Winemaker Extraordinaire, And Takings Lawyer
Comes the sad news that Jess S. Jackson, of the renown Kendall-Jackson wine label, has passed away in his Northern California home. Details here (K-J website), here (San Francisco Chronicle), and here (Santa Rosa Press Democrat). Jackson’s biography reveals a life lived very large: winemaker, business mogul, philanthropist, race horse owner.
Add to that list…
Another Guggenheim Amicus Brief: Ninth Circuit “End-Run” Around Palazzolo
By Robert H. Thomas on
The Center for Constitutional Jurisprudence and the Reason Foundation have joined the list of parties (us included) who submitted briefs supporting the cert petition in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). Their brief is available here.
In that case, California mobile home park…
Amicus Brief In Guggenheim: Takings Claims Run With The Land
Here’s another of the amicus briefs in Guggenheim v. City of Goleta, No. 10-1125. The brief of the National Association of Home Builders argues:
The Ninth Circuit in Guggenheim has rejected the widely held principle that regulatory takings claims run with the land for all subsequent title holders. As a result, the availability of…
Monday Round-Up
What we are reading today:
- Should the Courts Help Los Angeles Commit Fiscal Suicide? – Gideon Kanner’s takedown of the recent California Court of Appeal decision in City of Los Angeles v. Superior Court, No. B225082 (Apr. 12, 2011), which held that in order to make out a claim for inequitable precondemnation activities, the
…
Amicus Brief In Guggenheim: Ninth Circuit “Did Violence” To Penn Central Test
By Robert H. Thomas on
If you are a fan of Penn Central‘s “investment-backed expectations” factor, or the “notice” defense thought to be put to rest in Palazzolo v. Rhode Island, 533 U.S. 606 (2001), this is your week.
Earlier this week, we posted our amicus brief in Guggenheim v. City of Goleta, No. 10-1125, which argued…