We can’t pretend that we understand everything that is going on in the Supreme Court of India’s recent opinion in Hari Krishna Mandir Trust v. State of Maharashtra, No. 2013-6156 (Aug. 7, 2020) (but when has that ever stopped us before?), but after reviewing the decision, we thought we would post it because of
Register Now: William and Mary Law’s Brigham-Kanner Property Rights Conference – Oct 1, 2020 (Virtual)
Registration is up and online. Join us (online) for the 2020 Brigham-Kanner Property Rights Conference. Tuition: free, unless you want CLE credit (in which case it is a very modest $100). Because this conference has gone virtual, the usual Wren Building awards banquet to honor this year’s B-K Prize winner, lawprof Henry Smith
CA7: Municipality Can’t Regulate Activity On Oneida Land Because 1838 Treaty Remains Intact
Check out the U.S. Court of Appeals’ opinion in Oneida Nation v. Village of Hobart, No. 19-1981 (July 30, 2020). The question was whether a local municipality has the power to regulate activity within the Village’s jurisdiction when that municipality is also wholly within the Oneida Nation.
The Nation runs the Big Apple Fest
Mass App: “Grandfathering” Is Term We’re Not Going To Use Because “it has racist origins”
Nothing much to see in the Massachusetts Court of Appeals’ opinion in Comstock v. Zoning Board of Appeals of Gloucester, No. 19-P-1163 (Aug. 3, 2020), a somewhat typical zoning dispute.
Neighbor vs neighbor, over whether permits issued by a municipality (and approved by the ZBA) to renovate and replace an existing — but dilapidated
New Cert Petition: Does A Physical Invasion Taking Require 24/7 Occupation?
Here’s the cert petition that we’ve been waiting to drop in a case we’ve been following. Last we checked in, the Ninth Circuit (with concurral) had denied en banc review, over a dissental.
In Cedar Point Nursery v. Shiroma, 923 F.3d 524 (May 8, 2019), a 2-1 panel of the Ninth Circuit
New Book Coming In August: Regulatory Takings After Knick by David Callies
by David Lee Callies
Coming soon (August), a new book from lawprof David Callies on what might be our favorite subject, regulatory takings.
We had a chance to review the proofs, and we highly recommend this one for your bookshelf. We’ll bring you more once published. But for now, you can reserve your copy here
New (Mike Berger) Cert Petition: “This case is the proverbial ‘Exhibit A’ of much that is wrong [with takings law].”
Here’s the latest in a case we’ve been following for what seems like forever. This is also a fact situation that has resulted in litigation in a variety of different fora, and at times has seemed like the final exam question in a Federal Courts law school class. We wrote about this latest
Fed Ct: Property Owners Not Irreparably Harmed By COVID Rent Orders (Because They Might Be Able To Get Compensation Later)
Check this out. In Willowbrook Apts, LLC v. Mayor & City Council of Baltimore, No. 1:20-cv-01818 (July 6, 2020), the U.S. District Court for the District of Maryland denied the plaintiff/property owner’s motion for a temporary restraining order, in a case challenging the COVID orders that pretty dramatically alter the landlord/tenant relationship in Maryland:
HAWSCT: City’s Prohibiting Use Of Property Pending City Acquisition Is Land Banking Taking
Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it
July 22, 2020: “Emergency and Police Power: Property Claims in Times of Crisis” (ABA Webinar)
Please plan on joining us on Wednesday, July 22, 2020, at 1pm ET (10am PT) for a long-form program on “Emergency and Police Power: Property Claims in Times of Crisis.”
Our speakers are Professors Craig Konnoth (Colorado) and John Nolon (Pace), and one of the lawyers on the forefront of the nationwide legal