we tried to come up with a “Hamilton” reference
but have not seen the show
The Crane family has, for decades, had in their possession — if not their outright ownership — the “Hamilton Letter,” which Alex wrote to no less than the Marquis de Lafayette 1780.
Ownership, however, seems to be disputed
A developer alleged that the city didn’t live up to its contractual obligations.
The city thought it would be a good place for a new headquarters for something called “Perfect Game Incorporated.” The usual plans ensued, including agreements between the city, a non-profit redevelopment facilitator, and Preston Hollow, a “finance company that funds economic development
It’s already settled in Michigan (Rafaeli) that a homeowner has a property interest in the equity in her home, and that if she fails to pay the full amount of her property taxes and the government forecloses, the government can’t keep the proceeds in excess of the amount of the tax delinquency.
But
A short trial court decision. But because it deals with an interesting question, we’re posting it.
Check it out: in this order, the U.S. District Court for the District of Minnesota denied the city’s motion to dismiss in a case alleging, inter alia, a Fifth Amendment taking.
The property owners’ complaint alleged that
A fitting way to bid adieu to 2021: Ruble v. Tate-Nadeau, No. 4-20-0641 (Dec. 28, 2021), in which the Illinois Appellate Court held that the governor’s tavern and dine-in restaurant Covid-19 shut-down orders were not takings of personal property under section 7(4) of the Illinois Emergency Management Act.
This was not a claim
In Rural Empowerment Ass’n for Community Help v. North Carolina, No. COA 21-175-1 (Dec. 21, 2021), the North Carolina Court of Appeals, the plaintiffs have a beef with hogs. Specifically, nearby hog farms that they allege are nuisances (see this story for a report on porky goings-on in NC).
They want to sue, but
We like oysters. When we think “oysters,” that means going to a restaurant or oyster bar, sitting down, and ordering up a dozen or more. Easy stuff.
But the real work of oyster farming is “arduous, backbreaking work requiring a special dedication.” Avenal v. State, 886 So. 2d 1085, 1110 (La. 2004). It “takes
Here’s a must-read from the Texas Court of Appeals (Second District).
In City of Grapevine v. Muns, No. 02-19-00257 (Dec. 23, 2021),
Before 2018, the city’s 1982 zoning ordinance authorized “single-family detached dwellings” and didn’t say anything about short-term renting (short-term being defined as less than 30 days). The ordinance didn’t expressly authorize it
This Wednesday, December 15, 2021, at 1pm ET (10am PT) our PLF colleague Chris Kieser will be presenting an American Bar Association webinar, produced by the Real Property, Probate, and Trust Section, “Cedar Point Nursery v. Hassid: Supreme Court Weighs in on Definition of ‘Private Property’ and Implications for the Future.”
Back in February, we were honored to be part of the University of Hawaii Law Review’s symposium “25 Years of PASH,” a retrospective of one of the Hawaii Supreme Court’s most famous (or infamous) decisions, Pub. Access Shoreline Haw. v. Haw. Cnty. Plan. Comm’n, 79 Haw. 425, 903 P.2d 1246 (1993), cert. denied