We’ve covered some of the litigation against the federal government for its actions flooding property during Hurricane Harvey, including at least one from the “upstream” owners. Well here’s one from the case involving the “downstream” owners.
In Milton v. United States, No. 21-1131 (June 2, 2022), the U.S. Court of Appeals for the
A hearty congratulations to our Pacific Legal Foundation colleagues Jeff McCoy (counsel of record), Jim Manley, Damien Schiff, and Ethan Blevins for today’s cert grant in a case that brings together dirt lawyers and federal courts nerds.
Wilkins v. United States asks whether the (federal) Quiet Title Act’s statute of limitations is “jurisdictional,”
Its deja vu all over again: like it did just a short while back, in Lafave v. City of New Orleans, No. 21-30358 (June 1, 2022), the U.S. Court of Appeals for the Fifth Circuit once again has rejected a takings claims “based on the city’s failure to honor a judgment of the
Here’s the latest in a case we’ve been following.
A Utah statute requires that if a condemnor doesn’t actually use property it acquired “under a threat of condemnation,” it must try and sell it back to the (former) owner. The statute defines “threat of condemnation” as when “an official body of the state or
On one hand, there’s nothing terribly surprising about the Texas Supreme Court’s opinion in Hlavinka v. HSC Pipeline Partnership, LLC, No. 20-0567 (May 27, 2022) holding that yes, “polymer-grade propylene” qualifies as an “oil product” under Texas statutes that allow a private pipeline company to take property to transport oil products, and that yes
A “fish” need not be “connected to a marine habitat” after all.
You remember that classic lawyer joke?
A company is on the hunt for a new CEO and decides to undertake the search from within existing management. The hiring committee schedules interviews with the company engineer, the company accountant, and the company lawyer. The
Here’s what we’re reading today:
Here’s one we’ve been following since its inception, even before we joined the law firm that represents the property owner. (And because our Pacific Legal Foundation colleagues are repping the plaintiffs in this one, we won’t be commenting in-depth.)
You may remember that in Gunderson v. Indiana, 90 N.E.3d 171 (Ind. 2018)
The U.S. Court of Appeals for the Seventh Circuit’s decision in Nowlin v. Pritzker, No. 21-1279 (May 20, 2022), adds to a long line of rulings denying takings claims for coronavirus-related business shutdowns.
This one challenged the Illinois governor’s executive orders which required “non-essential” businesses to shut down or reduce operations, and limited the
In FTB Everett Realty, LLC v. Mass. Gaming Comm’n, No. SJC-13196 (May 23, 2022), the Massachusetts Supreme Judicial Court revived a property owner’s Penn Central takings claim, reversing the trial court grant of summary judgment to the Commission.
This one deals with the intricacies of gambling law and the process necessary to approve the