Here’s the cert petition, recently filed, which asks the U.S. Supreme Court to review a decision of the North Carolina appellate courts. We say “appellate courts,” because the decision being reviewed is one from the N.C. Court of Appeals, because the N.C. Supreme Court, after granting discretionary review, punted and dismissed the appeal after
SCOTUS Amici Briefs In Legislative Exactions Case
Here are the full set of petitioner-side amici briefs in 616 Croft Ave., LLC v. City of West Hollywood, No. 16-1137, the case which asks the Supreme Court to determine whether the Nollan-Dolan-Koontz exactions standards apply to conditions on development imposed by a legislature.
Appellate Nerd Alert: Hawaii SCT Makes Appellate Pro Bono Program Permanent
Here’s one for all you appellate lawyers and appellate wannabees looking for more experience: the Hawaii Supreme Court last week entered an order making the experimental Pro Bono Appellate Project permanent, “in light of the project’s accomplishments since its inception.”
This is a good thing, and the Project helps by matching “financially deserving pro
5th Cir (Unpub) – Takings Claim Not Ripe
Not a lot in Jabary v. McCollough, No. 15-40009 (Apr. 19, 2017) to grab onto, so we’re not really surprised that the Fifth Circuit didn’t publish. But because the case involves Williamson County takings ripeness and is in our wheelhouse, we’re posting it nonetheless.
The first two sentences, “City building inspector Bret McCullough shut
SCOTUS Amicus Brief: Lawless Legislatures Should Be Treated The Same As Lawless Zoning Boards
Here’s the amicus brief filed yesterday by the National Federation of Independent Business Small Business Legal Center, joined by Owners’ Counsel of America, in a case we’ve been following.
This case asks the Court to resolve a big outstanding issue: are legislatively-imposed exactions (however that term is defined) subject to the same
“And The Survey Says…” Condemnor Sloppiness Will Not Be Tolerated
The Pennsylvania DOT wanted to take a part of the Szabos’ property. Fine. But when it filed the declaration of taking, the DOT wasn’t as careful as it should have been, and the plans which it submitted with the declaration noted “[s]ome property lines were labeled as ‘probable [sic] correct.'”
Good enough for DOT, but
Monday Reading: Pirates (Twice), Monet Land Use Pilgrimage
Here’s what we’re reading today:
- It isn’t just us: “Kansas justice invokes ‘Pirates of the Caribbean’ in legal dissent.” You know what they’re talking about (“more like what you’d call ‘guidelines’ than actual rules”). We’ve done it too. Now you can cite it in your next brief. From the Wichita Eagle.
Go Shopping, Hawaii, Today’s The Secular Good Friday State Holiday (According To The Ninth Circuit)!
Today is Good Friday, an official state holiday in Hawaii, so we’re reposting our annual recounting of how it came to be that the State commemorates the date of the crucifixion, and how that squares with the Establishment Clause of the First Amendment.
Turns out that we don’t really commemorate today as the crucifixion date
Indiana App: Hook Up To City’s Sewer System…Or Else! (Warning, Toilet Puns)
The Indiana Court of Appeals’ recent opinion in Town of Clear Lake v. Hoagland Family Ltd. P’ship, No. 76A05-1606-PL-1241 (Apr. 6, 2017), doesn’t really involve inverse condemnation, except in the background. But we found it interesting nonetheless, because of the way the opinion finishes up, with a plethora of potty puns.
The case involved
Murr Oral Argument Recording
Here’s the recording of the March 20, 2017 oral arguments in Murr v. Wisconsin, the e “larger parcel” or “denominator” case.
The printed transcript is posted here, and our summary of the arguments is posted here. Our preview of the arguments, which includes link to the briefs, is here.