Check this out, the latest from lawprof Lee Anne Fennell, her thoughts on the Supreme Court’s Cedar Point decision, “Escape Room: Implicit Takings After Cedar Point,” forthcoming in the Duke Journal of Constitutional Law & Public Policy.
Here’s the abstract:
In the June 2021 case of Cedar Point Nursery v. Hassid, the
A very short one from the Oregon Court of Appeals.
In Walton v. Neskowin Reg. Sanitary Auth., No. A168358 (Sep. 1, 2021), the court concluded that the trespass statute of limitations of six years applied to a physical takings (inverse condemnation) claim. The Sanitary Authority installed a main sewer line on the plaintiffs’
Check this out. A short online comment at the Yale Journal on Regulation by Judge Thomas Griffith, “A New Test Or Merely A New Name For Some Regulatory Takings?“
The comment addresses the notion that the Supreme Court in Cedar Point shuffled up takings doctrine:
Much of the commentary about the Supreme
The other shoe — perhaps the most predictable shoe drop in legal history — dropped yesterday, and the Supreme Court vacated the stay on appeal in one of the cases challenging the CDC’s renewed eviction moratorium, meaning that the district court’s judgment vacating the moratorium can go into effect. Alabama Ass’n of Realtors v. Dep’t
Check out the U.S. Court of Appeals’ opinion in Andrews v. Mentor, No. 20-4030 (Aug. 25, 2021).
Property owners sought rezoning of their land from R-4 to “Village Green – RVG,” a higher density zone, so that the owners could build single-family homes. Under R-4, the maximum number of homes was 13 and had
On one hand, the U.S. Court of Appeals’ opinion in Buending v. Town of Redington Beach, No. 20-11354 (Aug. 20, 2021) is not a big deal, at least in terms of the issue in the case: did the Town take the plaintiffs’ private beach property when it adopted an ordinance allowing the public to
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
Here’s what we’re reading today, a recently-published law review article by Brendan Mackesey, The Dawn of a Judicial Takings Doctrine: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 75 U. Miami L. Rev. 798 (2021).
Here’s the Abstract:
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130
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The hits keep coming. There have already been complaints alleging takings against the feds for the CDC eviction moratorium, and against the State of California for its moratorium.
Now this, a complaint against the City of Angels alleging that its version of the moratorium works a taking, either a per se physical invasion taking, a