There’s one citation notably missing from the opinion of the Texas Court of Appeals in Anderton v. City of Cedar Hill, No. 05-12-00969-CV (Aug. 22, 2014): Williamson County.
This was case where in response to the city’s petition that the Anderdons’ use of their property was illegal, they counterclaimed that they had
Biafora v. United States, No, 2013-5130 (Dec. 10, 2014), is one of those opinions that you don’t really look forward to reading. Something about the Federal Circuit seems to attract these type of takings cases, where the parties are many, the alphabet-soup regulatory environment is byzantine, and the effort of understanding the context often
On one hand, the U.S. Court of Appeals’ opinion in Hutto v. South Carolina Retirement System, No. 13-1523 (Dec. 5, 2014) is old hat: the court concluded that a plaintiff alleging a federal takings claim could not bring that claim in federal court. But this case is different because it — unlike those where
Here are all of the amici briefs in support of the property owners/petitioners in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014).
That’s the case in which the Second Circuit threw out a complaint on Williamson County ripeness grounds. Odd thing was that the court held that a
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the
Today, on behalf of the National Federation of Independent Business Small Business Legal Center, we filed this amicus brief in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014). The cert petition, filed on Kurtz’s behalf by the Institute for Justice, is posted here.
That’s the case in
“You can’t have rights without advocates.”
– Michael Berger
We’re at the William and Mary Law School in Williamsburg, Virginia today for the 11th Brigham-Kanner Property Rights Conference. As we’ve noted earlier, Michael Berger is this
Update: San Francisco is going to appeal.
It cost a lot to live in San Francisco, these days. A whole lot, whether you own, or rent.
If you’re a renter, however, you should hope and pray that your landlord wants out of the rental business. Because under a San Francisco ordinance, property owners
When the Second Circuit issued its opinion in Kurtz v. Verizon New York, Inc., 758 F.3d 506 (2d Cir. 2014), our comments were rather harsh (“Which means that to reach the result, the court simply rewrote the plaintiff’s complaint and in the process blurred the distinction between a takings claim … and a procedural
Here’s one for the regulatory takings mavens, because it has just about every conceivable issue: ripeness, res judicata (yes, arugment was that the complaint was filed both too early and too late), Rooker–Feldman, the Tax Injunction Act, and an analysis of whether the property owner’s complaint stated a claim for relief under