It’s no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the “final decision” prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we’ve been anticipating the case which presents
Murr v. Wisconsin Sound Bytes From The ABA Annual Meeting Program
Regulato Takings!
A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).
Here are links to some of the materials which we and the others
After A Plaintiff Jury Verdict (And Rejection Of Town’s Four Previous Motions Over Nine Years), Takings Claim Held Not Ripe
The Connecticut Appeals Court’s opinion in Stones Trail, LLC v. Town of Weston, No. AC 38078 (July 18, 2017), does not offer a lot in terms of substance — it holds that a property owner’s regulatory takings claim based on the Town’s approval of what the owner thought was a subdivision was not ripe
New Cert Petition: Overrule Williamson County!
Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it
The Federal Courts Aren’t “Super Zoning Boards Of Appeal,” But They Have Time For Monkey Selfies
We’ll just leave this right here. Dr. Zaius could not be reached for comment.
Night of the Living Zombie Zoning Inspectors – Ordinance Allowing Searches For Unauthorized Cemeteries “Constitutionally Suspect,” But Not Yet Justiciable
The Township of Scott, Pennsylvania, apparently has a problem of unregulated cemeteries. Who knew?
So it did what local government do when they think they have a problem, it passed a law. That law, Ordinance 12-12-20-001, required owners of all cemeteries, public or private, to maintain them. The ordinance also contained two troublesome provisions.
Recording – “Takings: Emerging Issues” ABA State & Local Government Law Section Talk
Here’s the audio recording of the talk we gave to the ABA Section of State and Local Government Law’s Land Use Committee earlier today. (Some of you may note that in the intro we say the talk was on “June 17,” but since that’s tomorrow, we assume you understand that is just an error.)
The
Links From Today’s ABA Presentation – “Takings: Emerging Issues”
Update: the audio recording is posted here.
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Here are the links to the cases we mentioned in today’s ABA State and Local Government Law Section presentation, “Takings: Emerging Issues.”
The “Larger Parcel” In Regulatory Takings (and Eminent Domain)
Oregon App: Physical Inverse Condemnation Claim Is Ripe From The Moment Of Occupation
A quick one from the Oregon Court of Appeals. In Courter v. City of Portland, No. A158840 (June 7, 2017), the court concluded that the property owners’ inverse condemnation claim — which alleged that the City had not buried its pipes deep enough — was ripe for judicial review.
The case started after the
Upcoming Free Takings Talk (Friday, June 16, 2017). But There’s A Catch…
Mark your calendars for this Friday, June 16, 2017, at 2:00 p.m. Eastern Time for a free talk we’ll be giving, “Regulatory Takings: Emerging Issues.”
Yes, it’s free, but there’s a catch: this talk is sponsored by the ABA Section of State and Local Government Law’s Land Use Committee, and you have to