Here’s one we’ve been meaning to post for a while, the latest in a case we’ve been following. Yes, its the Love Terminal Partners cert petition.
Rather than go into the details about the case, we instead refer you to our post about the Federal Circuit’s opinion, the Court of Federal Claims verdict
Here’s the latest in a case we’ve been following that has resulted in what we’re counting as no less that three lawsuits in state court (all removed to federal court by the State of Hawaii, as far as we are aware), which have gone back-and-forth between the U.S. District Court, the Ninth Circuit, and the
Thank you to our colleague, economist William Wade, for sending along this piece, reacting to a recent decision by the Massachusetts Appeals Court.
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Financial inconsistency bedevils takings decisions
This blog recently reported on a Massachusetts Appellate Court takings case ruling (Smyth v. Conservation Comm’n of Falmouth, No.
Rather than sum up the issue and the Massachusetts Appeals Court’s** conclusion in Smyth v. Conservation Comm’n of Falmouth, No. 17-P-1189 (Feb. 19, 2019), here’s the first part of the opinion:
GREEN, C.J. A land owner brought this action in the Superior Court, claiming that local land use regulation effected a taking of her
Be sure to save the date on your calendar for the 16th Annual Brigham-Kanner Property Rights Conference, at the William and Mary Law School in Williamsburg, Virginia.
This year’s B-K Prize will be awarded to Professor Steven J. Eagle. Professor Eagle is a familiar presence to the property bar and the academy, and this award
In the usual circumstance, we wouldn’t be terribly interested in an unpublished — and therefore not precedental — opinion. But the U.S. Court of Appeals’ opinion in Kerns v. Chesapeake Exploration, LLC, No. 18-3636 (Feb. 4, 2019) caught our attention because it involves “forced pooling,” which this site describes this way:
At its most
Here is our annual “proof of life” photo, taken from the dais during the opening session, to prove that all 250 of us were in the room for the ALI-CLE Eminent Domain Conference, and not out on a Palm Springs golf course (it is 72º and sunny, so a golf course would not be a
With the opinion in the Knick v. Township of Scott case to drop as soon as Tuesday (we’re guessing the opinion will be by Chief Justice Roberts, by the way), hold on. We’re about to get super nerdy here. Impossibly nerdy. Yes, we’re revisiting the Star Trek analogies. We’ve been down this road before
If you didn’t register to attend the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference later this week in Palm Springs, California, well then, shame on you!
According to the National Weather Service, while you and the rest of the country is freezing, we’ll be enjoying the balmy desert climes, and discussing
Pay special attention to Justice Breyer’s questioning of Ms. Knick’s counsel, Dave Breemer. Yes, oral argument is the Court’s time to do with as it wishes, but was Justice Breyer actually trying to get at anything, or just running out the clock with a questions that didn’t seem to have any point. Does he really
