The result in Roberts v. Bondi, No. 8:18-cv-1062 (Aug. 21, 2018) should not be terribly surprising, we suppose. After all, the plaintiff was asking the U.S. District Court to — among other things — conclude that a Florida statute banning a device which makes a semi-automatic rifle “somewhat mimic” fully-automatic fire, violated the plaintiff’s
ALI-CLE 2019 Eminent Domain And Land Valuation Litigation Conference, Palm Springs Agenda – Register Now!
You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue
Monkey Selfies And Takings Ripeness
A quick one today because we’re offline (more on that later). Pacific Legal Foundation (the folks who are representing the property owner in the pending case challenging the continuing viability of the Williamson County ripeness doctrine), has posted this entry on their blog, “This monkey got his day in court. Property owners still
Some Takings Musings From The Ninth Circuit: “Prudential” Williamson County Ripeness, Interest As Property, And Rooker-Feldman…Oh My!
There’s a lot to digest in the Ninth Circuit’s opinion in Fowler v. Guerin, No. 16-35052 (Aug. 16, 2018). (We’ve been following the case, but the court’s issuance of the opinion slipped by — our thanks to a colleague for pointing it out).
The plaintiffs filed a class action alleging that state officials failed
Fla App: Takings Dog Still Doesn’t Hunt
Back in April, we posted the Florida District Court of Appeal’s opinion in a case where landowners sued the state fish and wildlife commission because “deer dog hunters and their dogs” who had hunting licenses trespassed on the plaintiffs’ lands. The court, over a single judge dissent, affirmed the dismissal of the takings claims, because
Fed Circuit: Tribe’s Claim For Taking Its Water Rights Didn’t Allege Injury
Appeals from motions to dismiss can be very unsatisfying, even for the winner. Granted, from a doctrinal standpoint, they’re pretty good at clarifying the law. And from a practice standpoint, the courts’ opinions often help future lawyers and litigants figure out how to plead cases, and frame issues. And the party who wins the appeal
Ordinance Banning Industrial Mineral Mining Not A Regulatory Taking – But What About Palazzolo?
Challenging an ordinance that the court characterizes as an “even-handed” zoning regulation, even if it outlaws an existing conditional use, is going to be a tough one for a plaintiff. In theory, it need not be, given the right conditions. But any zoning lawyer will tell you that it is tough to overcome most courts’
11th Cir: No Uber Taking – Taxi Medallion Does Not Give Right To Exclude Others From Transportation Marketplace
No surprises in the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Checker Cab Operators, Inc. v. Miami-Dade County, No. 17-11955 (Aug. 6, 2018). As the caption suggests, this is another one of those takings claims brought by “traditional” taxicab operators against a local government for its refusal to keep ridesharing services
Federal Govt: Reject Williamson County! Property Owners Whose Property Is Taken By Local Governments Should Be Able To Enforce Fifth Amendment Rights In A Federal Forum
We already knew from its amicus brief brief that the federal government supported the property owner in Knick v. Township of Scott, No. 17-647, the case in which the US. Supreme Court agreed to review the continuing validity of the “state procedures” rule of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473
No New Trial In Hawaii Regulatory Takings Case; Next Stop, Ninth Circuit
Here’s the latest in a case we’ve been following, a regulatory takings dispute from the Big Island of Hawaii.
Last we reported, the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking. But unbeknownst to the jurors, the court