Opinions reversing grants of summary judgment tend to be unexciting by nature because they are all about whether one side or the other submitted enough evidence to create a factual dispute that a jury must resolve. Civil procedure mavens rejoice, but the substantive law in the opinion can be dry. The latest inverse condemnation case

You remember that Ingrid Bergman and Charles Boyer classic “Gaslight,’ in which Bergman’s character is driven by her manipulative husband to doubt her own grip on reality? It gave rise to the term “gaslighting,” which, according to Wikipedia, is “a form of mental abuse in which information is twisted or spun

This just crossed our desk in a case we’ve been following (link includes the numerous merits and amicus briefs filed in the case), the California Supreme Court’s opinion, authored by the Chief Justice in California Building Industry Ass’n v. City of San Jose, No. S212072 (June 15, 2015). 

The bottom line is the court

A few years back, we posted the Wisconsin Supreme Court decision holding that airspace is property under Wisconsin law, Brenner v. New Richmond Regional Airport Comm’n, 816 N.W.2d 291 (Wis. 2012). The property owners argued that a runway extension project — which condemned a portion of their property which was zoned commercial-industrial, but used

Remember that case we posted on a few months ago, where the Texas Supreme Court was asked to review the issue of whether trial courts have jurisdiction to supervise eminent domain cases which are in the “administrative” phase and not yet in the “judicial” phase (City of Dallas v. Highway 205 Farms, Ltd

A new article worthy of your time from The Urban Lawyer, the law review published by the ABA Section of State and Local Government Law: “The Power of Eminent Domain in the Aftermath of Hurricane Katrina: Should Common Interest Communities Be Compensated for the Loss of Asssments,” by James R. Conde.

The

Hardly seems like a decade ago that the Supreme Court gave us eminent domain lawyers something to talk about at cocktail parties: the Court’s infamous and widely-hated decision in Kelo v. City of New London

Find out about what the intervening ten years has brought us from the Cato Institute, which is sponsoring a