A big thanks to my Owners Counsel of America and ABA State and Local Government Law Section colleague Dwight Merriam for emceeing today’s well-attended double session on land use and takings law at the International Municipal Lawyers Association’s 2013 annual meeting in San Francisco. Dwight and I were joined by land use expert Cecily
Zoning & Planning
Upcoming IMLA Panel On Koontz, Harvey Cedars, And Lost Tree

On Monday, September 30, 2013, we’ll be speaking along with Dwight Merriam and Cecily Barclay at the International Municipal Lawyers Association’s annual meeting in San Francisco, about three important cases/issues: Koontz, Harvey Cedars, and Lost Tree.
That’s a pretty wide range of cases, but we have some time and we’re sure…
Worth Reading On Koontz: “A 20-year legal battle over a water management district’s condition for development is over – sort of.”
A link to a story worth reading about the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Management District, No. 11-1147 (June 25, 2013).
In Developing Story at Florida Trend (“The Magazine of Florida Business”), our Owners’ Counsel of America colleague Amy Brigham Boulris is quoted along with the property owner/petitioner…
Cal S Ct To Review “Inclusionary Housing” Money Exaction – First Major Post-Koontz Decision On The Way?
As we noted here, where we posted the petition for review, what might be the first major appellate decision following the U.S. Supreme Court’s decision in Koontz may be on the way.
Today, the California Supreme Court agreed to review (order here) the Court of Appeal’s decision in California Building Industry Ass’n …
Must Read Monday: RLUIPA Ripeness, “The Taking Issue,” Oysters In The Wilderness, Precondemnation Damages
Here’s what we’re reading today:
- As we hoped, our RLUIPA gurus have posted on a recent 11th Circuit case about Williamson County ripeness and RLUIPA – “Eleventh Circuit Clarifies Ripeness Requirements for RLUIPA and Constitutional Land Use Claims.”
- More background from Professor Gideon Kanner on “The Taking Issue,” a publication which
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Conference Announcement: The Taking Issue – 40th Anniversary Symposium
If you are anywhere within striking distance of Touro Law School (Central Islip, Long Island), you should make plans to attend a conference that promises two days of fantastic programming on October 3 and 4, 2013.
“The Taking Issue – 40th Anniversary Symposium” is dedicated to the memory of the legendary Professor Fred…
11th Cir: RLUIPA Case Not Unripe Under Williamson County
The U.S. Court of Appeals for the Eleventh Circuit, in Temple B’Nai Zion, Inc v. City of Sunny Isles, No. 12-12094 (Aug. 29, 2013), held that the Williamson County ripeness doctrine did not prevent the Temple from bringing its RLUIPA (and related) claims in federal court.
The right result for sure. But wait, you…
4th Cir (Again): Federal Takings Claim Should Be Heard In Federal Court
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…
Cal Supremes Deny Review In Property Owner Penn Central Victory
Word comes that the California Supreme Court has denied review of the Court of Appeal decision in Lockaway Storage v. County of Alameda, No. A30874 (1st Dist. May 9, 2013). The court also rejected a request to “depublish” the First District’s opinion. Congratulations are again in order for colleague Tim Kassouni, who represents…
Wednesday Round-Up: Koontz Recording, Jersey Shore Dunes, Plastic Bag Bans
Here’s what we’re reading today:
- Here’s the recording of the recent webinar on the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Mgm’t Dist., No. 11-1447 (June 25, 2013), featuring Paul Beard II, arguing and prevailing counsel. Go here, sign in, and listen for free.
- Our Owners’ Counsel colleague from
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