The land use and zoning game can be pretty strange to the uninitiated. If that description includes you, here’s your chance to get initiated. The American Planning Association is sponsoring a webinar about “Rules of the Game: A Framework for Fair and Effective Zoning Hearings,” on Monday, March 7, 2016. Here’s the
Public School Was Not Acting As A Condemnor When It Purchased Property Which The Seller Already Promised To A Theater
Here’s the long story short in Metropolitan Theater, LLC v. YES Prep Public Schools, Inc, No. 01-15-00480 (Feb. 25, 2016), a decision from the Texas Court of Appeals:
The theater sued “YES Prep Public Schools” because (allegedly), the school screwed up the theater’s agreement to buy a parcel of land from a third party.
Hawaii Federal Court: Get Ready For Trial On Lucas And Penn Central Takings Claims
As we noted here (“Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights“) the U.S. District Court for the District of Hawaii is considering a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.
At
Cert Denied In Cal Affordable Housing “Exaction” Case
You can really breathe in San Jose
They’ve got a lot of space
There’ll be a place where I can stay.
I was born and raised in San Jose
I’m going back to find some peace of mind in San Jose
Today, in this order after a series of rescheduled considerations that had seen the
Thursday Reading – The Politics Of Judicial Nominations, Electing Judges: Two Sides Of The Same Coin?
Here’s what we’re reading today, two pieces on seemingly unrelated topics:
- Gideon Kanner, “Give Credit to Judge Kozinski, The Prophet,” about the bare-knuckle politics of the process for filling Justice Scalia’s spot on the Supreme Court.
- Ian Lind at Civil Beat: “Why Is This Unpopular Idea Still Alive At The
Colo App: Town Can Use Lottery Money For Trail Project, Despite Constitutional Prohibition On Using Funds To “Acquire” Property By Eminent Domain
Colorado’s Constitution prohibits the use of proceeds from the state lottery, which are used to fund the “Great Outdoor Colorado Program” Trust Fund from being “used to acquire real property by condemnation through the power of eminent domain.” Colo. Const. art. XXVII, § 9.
The Town of Silverthorne used trust fund money on a recreational trail project
The Water Isn’t That Wide: Parcel Isn’t “Land Locked” For Private Condemnation If You Can Build A River Crossing
Worth couldn’t get to his “Section 30 property” except from Evans’ land, or from his own land after fording the 102 River.
So Worth sued Evans in a private condemnation (essentially seeking an easement by necessity). Evans filed a petition alleging that Worth could not use the eminent domain power because Worth had reasonable access
7th Circuit: Bring Your Regulatory Takings Claims In Federal Court (At Least Those That Come Out Of Illinois)
Let’s say that you didn’t know much about regulatory takings, or municipal employment and Fair Labor Standards law (in our case, the latter would most certainly be correct). And let’s say you were asked to predict how the plaintiff would fare with a claim that the city’s regulatory regime for taxicabs was so oppressive that
A Unilateral Agreement
Appropos of nothing really, but we’re going to end this work week by recounting for you something we heard during testimony yesterday at a government agency hearing. You land use types will recognize this one, but we think this took the “unilateral agreement” fiction to new heights:
“We couldn’t reach agreement with [the other party] so
NC Supreme Court Hears Arguments In Important Takings Case
All of the drama playing out in the North Carolina Supreme Court yesterday as the court heard oral arguments in its review of Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015) came down — as they often do in these things — to a single question from the bench, and