Here’s the Order by which the Arizona Supreme Court agreed to review a case we’ve been following.
The main issue is whether the Arizona condominium statute, which allows the condo association upon termination of the condominium regime, to sell individually-owned units is a taking under the Arizona Constitution.
Here are the questions presented:
FURTHER ORDERED:
Every year at this time, it seems, we realize once again that as you get older, you overlook birthdays. Time speeds up, or maybe slows down. Very Proustian.
Thus, it occurred to us only yesterday that that this blog’s “birthday” was looming and we almost let it slip by without notice. It hardly seems like
This is one of ours — argued by our Pacific Legal Foundation colleague Kady Valois — so we won’t be offering any commentary.
But we just have to post the U.S. Court of Appeals’ opinion in Iten v. County of Los Angeles, No. 22-55480 (Aug. 30, 2023), because it discusses two significant issues, and
Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
The buried lede in the U.S. Court of Appeals for the D.C. Circuit’s opinion in Valancourt Books, LLC v. Garland, No. 21-5205 (Aug. 29, 2023) is that the government doesn’t have that big of a role in copyrights, at least in the bare minimum of copyright protections.
We’re no copyright experts (that’s an understatement)
Remember that recent First Circuit case which held that just compensation judgements cannot be subject to a governmental bankruptcy plan (cert denied, by the way)? There, the court concluded that “[t]he Fifth Amendment provides that if the government takes private property, it must pay just compensation. Because the prior [bankruptcy] plan proposed by
Here’s our colleague and friend, Pepperdine lawprof Shelley Saxer, an expert on inverse condemnation and its use in mass disaster cases, on the use of inverse condemnation as a theory of recovery for the Maui disaster. Here’s the description from Bloomberg Law Podcast:
“Shelley Ross Saxer, a law professor at Pepperdine University, discusses the Lahaina
On this morning’s drive-time program, we joined KHVH’s Rick Hamada about whether Hawaii might adopt California’s version of inverse condemnation liability in wildfire cases. We also tried to clear up a few misconceptions (gad, I used “disinformation,” a term I try to eschew).
Here’s the program description:
Inverse Condemnation and Maui Wildfires: A Conversation with
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety