We’re certainly not going to delve in detail into the 109 single-spaced pages of the majority and dissenting opinions in the New York Court of Appeals’ ruling in Regina Metro. Co., LLC v. N.Y. State Div. of Housing and Community Renewal, Nos. 1-4 (Apr. 3, 2020). New York’s rent control law is infamously labyrinthine
Another Complaint Challenging Emergency Shut-Down Orders As Takings
Here’s another complaint (here’s the first) challenging a state’s business shut-down order as a taking. This time it is Colorado, and the complaint seeks an injunction and compensation.
Here are the highlights:
- “As a result of the [shutdown] Orders listed above that restrict the gathering of more than ten people at a time,
SCOVA Oral Argument: Does A City Have The Right To Pollute Chesapeake Bay?
Here’s the latest in a case we’ve been following. We even visited the site with our class last year.
Today, the Virginia Supreme Court heard argument on the petition for appeal (streaming above from the webstream, or download the mp3 here) in what we call the oyster case because it involves the property
More Readings: “Real Liberty,” Vaccination, Plague, Police Power, And Takings
Here’s what we’re reading today, spurred by the headlines swirling around all of us. Mostly cases about the role of the courts when government curtails liberty or property rights under its police or emergency powers. We’ve now seen the first lawsuit claiming that an order to shut down businesses is a due process violation and
Time For A “Coronavirus Disputes Court?”
The materials we were reading yesterday (particularly Steve Silva’s “History: Fire and Blood(worth),” got us to thinking. There, Steve wrote about the September 2, 1666 London fire which destroyed 80% of the city, the government’s emergency powers, and compensation. He also brought up a subject we had not know of before: the subsequent
Latest Readings: On Emergency Takings, Compensation For Commandeered Property
It’s tough with all that’s swirling around all of us to keep focused on non-virus related things. But because we think that’s one way to keep calm and carry on, we shall continue to endeavor to do so. But come on, being takings and dirt lawyers we also can’t help viewing current events through
Talkin’ ‘Bout My Palazzolo: Takings Claim Not Precluded Because Owner Purchased Land Already Subject To Wetlands Regs
As long-time readers know, we often kvetch about the way many courts ignore the Palazzolo rule that simply because someone obtains property subject to preexisting restrictions on use does not preclude them automatically from raising takings claims. See here, here, here, and here, for example. More about the Palazzolo case here, including
The Royal Origins Of “Police Power” Hawaii-Style: The King v. Tong Lee (1880)
Here’s one for our Hawaii folks, in case you all are curious about the origins of the analytical framework which courts use to review the legality of measures taken by the authorities in the name of “public health” that have an impact on the uses of private property.
As far as we can tell, The
New Cert Petition (Ours): Must An Owner Whose Land Is Flooded Also Prove “Substantial” Loss Of Use?
US 50 in Nevada – the “Loneliest Road”
Here’s the cert petition which we and our Nevada colleague Luke Busby filed today, asking the U.S. Supreme Court to review this Question Presented:
Conflicting with Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), the Supreme Court of Nevada concluded that to prevail on
Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
The current headlines — and a couple of inquiries from colleagues and clients — got us to thinking about government power in times of crisis and the tension between that power and property and other individual rights.
On one hand, court decisions going back over the centuries have told us that courts are reluctant to