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
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 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 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, No.
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.
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
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