Missed our law firm colleagues Jeff McCoy, Damien Schiff, and Christina Martin when they were live, talking about their SCOTUS wins in Wilkins v. United States (is the statute of limitations in federal Quiet Title Act cases a jurisdictional bar?), Sackett v. E.P.A. (scope of Clean Water Act wetlands jurisdiction), and Tyler v. Hennepin County
Iowa: City Of The Monks Keeping Part Of Your Tax Refund Isn’t A Taking, Red-Light Runners
In Livingood v. City of Des Moines, No. 22-0586 (June 9, 2023), the Iowa Supreme Court held that the city’s use of the Iowa’s process by which the government can satisfy all or part of a taxpayer’s debt to a public agency by grabbing someone’s tax refund. In a nutshell, after trying to collect
CA1: Despite Two Variance Denials, Takings Case Not Ripe Because It Isn’t Futile To Try Again
Here’s the latest from the U.S. Court of Appeals for the First Circuit on takings ripeness, Haney v. Town of Mashpee, No. 22-1446 (June 6, 2023).
The case centers on Gooseberry Island, Massachusetts, which is zoned by the Town of Mashpee as R-3. But under the Town’s zoning code, any residence must have at
Another Cert Petition Challenging NY’s Draconian Rent Control As A Taking
Here’s the latest in a case we’ve been following, one of the multiple challenges to New York’s latest ratcheting up of rent control.
We think the Questions Presented spell out the issues pretty well:
New York has implemented the most sweeping and onerous rent control provisions the United States has ever seen in its
New Takings Cert Petition (Ours): Can Govt Thwart Federal Court Regulatory Takings Claims By Seeking Abstention In Favor Of State Courts?
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
Tyler Takings Round-Up
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
Rethinking Penn Central: A Call For Symposium Papers
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:
- Can Penn Central be salvaged or does it need to be fully replaced?
- If it is to be replaced, what should
Unanimous SCOTUS: “state law cannot be the only source” Of Property Rights, And “traditional property law principles” As Enforced By The Takings Clause Play A Role
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
Iowa Trial Court: Pipeline Precondemnation Entry Statute Is Facially Unconstitutional
When a court’s opinion (even a trial court’s opinion) starts out with the epigram, “‘Freedom and property rights are inseparable, you cannot have one without the other.’- George Washington,” you know you are in for a ride.
So begins the opinion of the Clay County, Iowa District Court in Navigator Heartland, LLC v.
New Cert Petition: Forcing Owners To Rent To Tenants Indefinitely Is A Categorical Taking
Here’s the latest in a case we’ve been following since its inception, this cert petition seeking Supreme Court review of the U.S. Court of Appeals for the Second Circuit’s affirming the district court’s dismissal of a complaint alleging that New York (state)’s sweeping amendments to its Rent Stabilization (rent control) statute effected categorical and