Here’s the latest in a case we’ve been following since before it became one of ours.
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the Ninth Circuit upheld the district court’s dismissal of a regulatory takings case, holding that federal courts should abstain from considering regulatory takings cases in
Here’s a don’t miss episode of friend and colleague Clint Schumacher’s Eminent Domain Podcast, featuring our Pacific Legal Foundation colleague Jon Houghton. With a title like “Jon Houghton and his Penn Central Quest,” how can we resist listening?
In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the
Tyler v. Hennepin County wasn’t the only property rights opinion issued by the Supreme Court in one of my law firm’s cases last week.
There’s this one, which we’ve been waiting a lot longer to drop (oral arguments were held on the first day of the Court’s term back in October), Sackett v. Envt’l
Here are what others are saying about Supreme Court’s recent ruling in Tyler v. Hennepin County, No. 22-166 (U.S. May 25, 2023), the case in which the Court unanimously held that the county’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees is an uncompensated taking
If you know, you know.
Pacific Legal Foundation (that’s us) has put out a call for papers about “Rethinking Penn Central.” Here’s the details (pdf).
Here’s some of the suggested topics:
We’ll be rendering to unto Caesar, but first we must
decide: classic or creamy?
That was quick: it seems like it was only yesterday — or maybe more accurately, less than a month ago — that we were listening in live to the Supreme Court as it heard arguments in Tyler v. Hennepin County
A good opinion from the U.S. Court of Appeals for the Sixth Circuit in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023), holding that conditions imposed on every development — and not just ad hoc administratively-imposed conditions — must conform to the Nollan-Dolan-Koontz close nexus and rough proportionality standards.
You takings
Here’s a new cert petition, filed this week by Michael Berger that asks whether Knick‘s no-need-to-exhaust-or-chase-state-compensation rule applies retroactively.
The Second Circuit held that no, the owner’s claims were too late, and although Knick overruled the Williamson County rule that kept him from a timely filing in federal court, that’s just too
Here’s an article for your Monday reading, Bethany R. Berger, Property and the Right to Enter, 80 Wash. & Lee L. Rev. 71 (2023).
Here’s the abstract:
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to
Shands Key, with the City of Marathon in the background
This just in: in Shands v. City of Marathon, No. 3D21-1987 (May 3, 2023), Florida’s Third District Court of Appeals held that the city’s downzoning the property (Shands Key, shown above in an exhibit from the Key West trial we participated in in June