What we’re reading today:
…
In Cottage Emporium, Inc. v. Broadway Arts Center, L.L.C., No. A-0048-97T2 (Apr. 16, 2010) (per curiam), the New Jersey Superior Court (Appellate Division) struck down the city of Long Branch, New Jersey’s declaration that properties located in an area of the city known as the “Broadway Corridor” are blighted. The court held that the…
The New Hampshire Public Utilities Commission properly approved the taking of private water works by the City of Nashua. In Appeal of Pennichuck Water Works, Inc., No. 2009-274 (Mar. 25, 2010), the New Hampshire Supreme Court concluded taking was in the public interest, and that it resulted in a net benefit to the…
In granting a special zoning exemption to Shelter House, Iowa City allowed it to build a homeless shelter on land next to Mr. and Mrs. Dahlen’s mobile home park. After losing their challenge to the zoning exemption, the Dahlens filed suit in federal court alleging the exemption violated their due process rights.
That claim was…
“Bust a deal and face the wheel.”
– Aunty Entity (Tina Turner) Mad Max: Beyond Thunderdome
You make a deal, you live with it. Or use legal means to try and avoid your obligations. But in New York, if you don’t like a deal and can’t get out of it, apparently you try to condemn…
What we’re looking at and listening to today. Some video, some podcasts.
…
Who among us hasn’t, at one point or another, found some comfort in that icon of mid-century americana, the greasy spoon diner? In the words of Martin Sexton:
Like a locomotive they were streamlined
And the blue prints were drawn up from a dream of mine
Slap ’em up put ’em on the train…
In the latest chapter is the Skyland Shopping Center saga, Rumber v. District of Columbia, No. 09-7035 (D.C. Cir. Feb. 26, 2010) (per curiam), the U.S. Court of Appeals for the D.C. Circuit got rid of most of the 17 plaintiffs by determining they did not have standing to object to a condemnation, …
An interesting difference of opinion about the message in the current blockbuster Avatar. Eminent domain mavens Gideon Kanner and Rick Rayl initially agree that it’s not about eminent domain, but diverge on their philosophical approaches to the issue.
Rather than attempt to summarize their respective positions, it’s probably better we just refer you to…
Today, we filed the final briefs in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship,two condemnation appeals presently before the Hawaii Supreme Court arising out of the County’s attemptsto take a Kona family’s property.
We filed this brief replying to the developer’s Answering Brief, and this brief in…
