Here’s one for all you civil procedure mavens.
The Florida District Court of Appeal concluded that the Board of Trustees, sued for inverse condemnation for beach renourishment (this case is somewhat related to our old friend the Stop the Beach Renourishment case, decided by the Supreme Court in 2010), waived their objections to improper venue.
In a 2-1 decision (en banc next?) in a case we’ve been following with some interest in which a Marin County oyster farming operation in the National Seashore sued the Interior Department for its decision to not renew the farm’s permit, in this opinion, a Ninth Circuit panel held that courts have jurisdiction…
Just over a month ago, the U.S Court of Appeals for the Fourth Circuit held that a federal takings case could actually proceed in federal court. Well yesterday, the same court issued a similar opinion in a related case, Town of Nags Head v. Toloczko, No. 12-1537 (Aug. 27, 2013).
We won’t go…
Here’s what we’re reading today:
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What’s this, a federal court actually allowing a federal Fifth Amendment claim to be litigated in federal court? Why that’s as rare as hen’s teeth, although it shouldn’t be.
That’s the ruling of the Fourth Circuit in Sansotta v. Town of Nags Head, No. 12-1538 (July 25, 2013), which reversed the district…
This really was a “blockbuster” Term for the Supreme Court and takings law: no less than three cases (and four, maybe five, if you expand it slightly to include property-owner favorable cases such as Lozman and last term’s Sackett), and as Gideon Kanner noted recently, the CLE sessions are flying fast and furiously.
We’ve been offline for a few days, but wanted to pick up this decision in an important case we’ve been following about the valuation of protective dunes on the Jersey Shore, and general and special benefits.
In Borough of Harvey Cedars v. Karan, No. 070512 (July 8, 2013), the New Jersey Supreme Court held…
This is a long one from the California Court of Appeal, Fourth District (58 pages, with an 11-page dissent), so we’re not going to go into detail. But if a local government’s conflict with an all-powerful state agency, shoreline and coastal law, or how the concept of governmental “pretext” is treated in areas outside of…
What we’re reading today:
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Here’s the video of today’s Ninth Circuit oral arguments in Drake’s Bay Oyster Co. v. Jewell, the case about an oyster farm in Marin County’s Point Reyes National Seashore, and Interior Secretary Ken Salazar’s decision to not renew its license. The Ninth Circuit has posted the briefs of the parties and amici here…
