Here’s one that’s been a long time coming (or coming back, more accurately).
In this recently-filed cert petition, the issue is whether an “exaction” imposed by the legislature should be subject to the nexus and rough proportionality requirements of Nollan, Dolan, and Koontz, or is merely subject to rational basis review (i.e.
Here’s a cert petition we’ve been waiting to drop, in a case we’ve been following out of Florida.
In Town of Ponce Inlet v. Pacetta, LLC, No. 5D14-4520 (Fla. Dist. Ct. App. June 16, 2017), the Florida District Court of Appeal reversed a Lucas takings verdict, concluding the case might not even be ripe
A quick check of the Supreme Court’s docket in the Knick v. Township of Scott case shows that no less than 18 amici briefs have been filed top side. Not all of them in support of the Petitioner mind you (two, the briefs of the United States and of the American Planning Association, are in
After the Supreme Court’s decision in Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005), whether a government action “substantially advances a legitimate state interest” — for a long time assumed to be a takings question under Agins — found a new home in the the Due Process Clause.
Here’s the recently-filed cert petition
Here’s what we’re reading today:
Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s
Do we really need to tell you how a rent control regulatory takings claim fared in the Ninth Circuit? We didn’t think so.
In Colony Cove Properties, LLC v. City of Carson, No. 16-562655 (Apr. 23, 2018), a three-judge panel reversed a district court jury verdict which concluded that the City was liable for
Here are the cases and materials I either discussed, or planned to discuss (but ran out of time), in this morning’s session at the 32nd Annual Land Use Institute:
We’re in Detroit the rest of the week at the Mercy Law School for the venerable Land Use Institute, now in its 32nd iteration.
Planning Chair Frank Schnidman has assembled a great faculty including out Detroit colleague Alan Ackerman (above, talking about takings liability for flooding), and we’ll be spending the time talking inverse
For those of you who subscribe, check your inboxes for the latest issue of the University of Hawaii Law Review.
Most worthwhile article in our view: Adam N. Miller, Up in the Air: The Status & Future of Drone Regulation in Hawaii. (Sidebar: Mr. Miller will be one of our firm’s summer associates