Here’s the latest in a case we’ve been following (because it is one of ours). Our cert petition asks this Question Presented: “Does the protection the Takings Clause provides to land-use permit applicants encompass monetary demands beyond those imposed in lieu of a dedication of real property?” Five amici briefs have been filed, urging the Court to review the case.
Continue Reading Amici Briefs In Latest SCOTUS Exactions Petition: Nollan/Dolan Governs Exactions Of Money
New Article (Fennell & Mulvaney): “The Exactions Illusion: Sheetz’s Missing Dissent,” 135 Yale L.J. 1143 (2026)
A new must-read from lawprofs Lee Anne Fennell (Chicago) and Timothy Mulvaney (Tex. A&M) in the Yale Law Journal, “The Exactions Illusion: Sheetz’s Missing Dissent,” 135 Yale L.J. 1143 (2026). Now don’t get us wrong: we’re no offering this as a “must-read” because we agree with or endorse the article’s content and premise, but because we think the content and premise are subject to challenge.
Continue Reading New Article (Fennell & Mulvaney): “The Exactions Illusion: Sheetz’s Missing Dissent,” 135 Yale L.J. 1143 (2026)
Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And Housing
Next week, we’ll be at the Denver Law School for the 2026 Rocky Mountain Land Use Institute’s “Western Places | Western Spaces” annual conference. Earlier in our career, we were a fairly regular attendee, but for mesne reasons (unrelated to the conference) our ability to attend kind of fell off. Recognizing that shortcoming, we attended the 2025 Conference last year. This convinced us that indeed, we were missing out. In short, the RMULI has returned as a featured event on our calendar.
Continue Reading Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And Housing
NY Court Of Appeals Tees Up A Certworthy Exactions Case
Here’s the latest in a case we’ve been following closely. (We won’t be commenting much, because it is one of ours.)
In The Coalition for Fairness in Soho and Noho, Inc. v. City of New York, No. 112 (Jan. 13, 2026), the New York Court of Appeals (dun-dun) held that New York City
New Article On Legislative-Adjudicative Distinction In Nollan/Dolan Analysis
Heads up on a new article of interest to those of us who deal with exactions and Nollan/Dolan: Matthew Baker, Much Ado About Nollan/Dolan: The Comparative Nature of the Legislative Adjudication Distinctions in Exactions, 42 Urban Lawyer 171 (2010). Here’s a summary:
Much has been made, by both commentators and