In Hignell-Stark v. City of New Orleans, No. 21-30643 (Aug. 22, 2022), the U.S. Court of Appeals for the Fifth Circuit, like a lot of other courts, reached an unsurprising conclusion: New Orleans’ restrictions on short-term rental of residential properties isn’t a taking. But there are parts of the opinion that are definitely
Penn Central May Be A “Fuzzy” Test, But What Is A Court Doing Weighing The Factors?
You’ll definitely want to check out the U.S. Court of Appeals for the Third Circuit’s opinion in Makrilov v. City of Jersey City, No. 21-1786 (Aug. 16, 2022).
Not because it reaches any earth-shattering conclusions — the opinion unsurprisingly concluded that the city’s restricting (but not eliminating) short-term rentals (less than thirty days) was
Tex App: “Property” Includes Right To Rent It Out – City’s Short-Term Ban May Be A Taking
Here’s a must-read from the Texas Court of Appeals (Second District).
In City of Grapevine v. Muns, No. 02-19-00257 (Dec. 23, 2021),
Before 2018, the city’s 1982 zoning ordinance authorized “single-family detached dwellings” and didn’t say anything about short-term renting (short-term being defined as less than 30 days). The ordinance didn’t expressly authorize it
Registration Open Now: ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Keynote: Do Animals Have Property Rights?
- Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
- Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons
Links From Today’s ABA RPTE Session
Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
Euclid Lives! Mass SJC: “Short-Term” Rental Is Not A Permissible Primary Use In A Residential Zone Because Not Of “Residential Character”
A short, land-usey one today, from the Massachusetts Supreme Judicial Court. In Styller v. Zoning Board of Appeals, No. SJC-12901 (June 7, 2021), the court held that the plaintiff’s “occasional” use of a home to rent to others short-term is not a legal primary use of property in a “single residence’ zoning district.
The
Euclid Lives! Mass SJC: “Short-Term” Rentals Is Not A Permissible Primary Use In A Residential Zone Because Not Of “Residential Character”
A short, land-usey one today, from the Massachusetts Supreme Judicial Court. In Styller v. Zoning Board of Appeals, No. SJC-12901 (June 7, 2021), the court held that the plaintiff’s “occasional” use of a home to rent to others short-term is not a legal primary use of property in a “single residence’ zoning district.
The
Fla App Doubles Down On That Weird Property Isn’t “Property” Thing
We’re hoping that someone can explain the Florida District Court of Appeal’s recent opinion in Bondar v. Town of Jupiter Inlet Colony, No. 4D19-2118 (May 5, 2021) in a way that makes sense other than the old apocryphal tale of “I don’t know why we do things this way, except that we’ve always done
Latest Issue Of The Urban Lawyer: Two Takings Theories, Home Rule, Rideshare Takings, And Vacation Rentals In The Coastal Zone
The latest issue of The Urban Lawyer, the scholarly law journal of the ABA’s Section of State and Local Government Law (our Section) has been published. Takings mavens are going to like this one:
- William W. Wade, Love Terminal: A Tale of Two Theories – our friend and colleague Bill’s final work.
- Kenneth
Federal Court Denies TRO: Hawaii Gov’s Coronavirus Travel Quarantine Doesn’t Stop Anyone From Coming To Hawaii
As expected, a quick decision and opinion from the U.S. District Court for the District of Hawaii, after yesterday’s hearing on the plaintiff’s request for extraordinary preliminary relief (a TRO and PI) in the case challenging the Hawaii Governor’s imposition of a 14-day self-quarantine on all travelers inbound to Hawaii (and other emergency orders, although