Ripeness | Knick

Here’s the transcript from today’s Supreme Court oral arguments in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012).

Here’s a recap of the arguments from Lyle Dennison at SCOTUSblog: “If only it were simple…“

Transcript, Horne v. USDA, No. 12-123 (Mar. 20, 2013)

Here’s the Reply Brief in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012), the case asking whether in an enforcement action by the USDA, California raisin farmers can raise the defense that the requirement they turn over to the government a certain percentage of their yearly crop would…

Yesterday, we posted our thoughts about the upcoming (March 20) Supreme Court oral arguments in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012), the case asking whether in an enforcement action by the USDA, California raisin farmers can raise the defense that the requirement they turn over to…

Hat tip to Dean Patty Salkin’s Law of the Land blog for bringing this case to our attention. We don’t have much to add to her comprehensive write up of the Georgia Supreme Court’s opinion in City of Suwanee v. Settles Bridge Farm, LLC, No. S12A1599 (Feb. 18, 2013), a case holding that a…

Here’s one more amicus brief (Public Lands Council, National Cattlemen’s Beef Association, Oregon Cattlemen’s Association, Washington Cattlemen’s Association, and Nevada Cattlemen’s Association) supporting the cert petition in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).

Estate of Hage is the case in which the Federal Circuit held that…

In Midwest Materials, Inc. v. Wilson, No. 84A04-1205-MI-258 (Feb. 27, 2013), the Indiana Court of Appeals held that Midwest did not suffer a taking for the loss of its property during the time a requirement that it provide water service to neighboring residences as a condition of a “special exception” needed to build a…

Here are the links to the materials and briefs from the Supreme Court’s three taking cases which we are discussing at today’s teleconference sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee. 

Post-telecon note: thanks to everyone for joining us. I will be posting up the…

Did we say free? (If you are an ABA member, that is.)

Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling…

Here’s a case that illustrates the weird results that can occur in takings cases where a property owner can be deemed to be too late (the statute of limitations) or too early (ripeness), take your pick.

In 1996, Mr. Smith got disbarred by the Tenth Circuit and a few other federal courts, and in 1999…