What we're reading today:
- Court weighs handling of suit over DOT rules for future highways - North Carolina colleague Matthew Bryant argued an appeal yesterday in the court of appeals regarding the class action-worthiness of a case in which the Dep't of Transportation effectively blighted a huge swath of land by identifying it as a future highway, and then did nothing to acquire it. More on the appeal (Beroth Oil Co. v. North Carolina DOT) here.
- The Federalist Society's view of the oral arguments in Filarksy v. Delia. We filed an amicus brief for the ABA supporting the petitioner in that case, which involves the availability of qualified immunity for private-practice lawyers who work for state and local governments, but whom are not employed by those entities.
- In Land, Straight Lines Make For Square Deals - How a 1785 law set the stage for strong property rights in America - "Persistent patterns of differential economic growth have led to numerous studies about why some countries, notably in North America, in Western Europe, and parts of Asia, as well as Australia, have had sustained increases in economic welfare while others, generally in Africa and large parts of Latin America and Asia, have lagged behind. These differentials are sometimes referred to as the North-South divide between the developed and developing world."
- Sinclair v. New Cingular Wireless PCS, LLC (Va. Jan 13. 2012) - Zoning case, the "Dillon rule" (strict construction of zoning ordinances), and how local governments can only operate under the restrictions on powers delegated to them by the state. Check it out, it's a crisp opinion.
- On the horrors of getting approval for an ice-cream parlour in San Francisco - Following up on this New York Times piece is this video recreation of the property/business owner's discussion with a city planner.
