Williamson County Regional Planning Comm’n v. Hamilton Bank
Supreme Court Takes a Knick Out of Regulatory Takings Law
Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation
In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott. By a narrow 5-4 vote that split …
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CONTINUE READINGRoy Cohn Meets The Takings Clause
Sleeper Supreme Court Case Could Upend Environmental Regulations
“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to …
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CONTINUE READINGTakings, Standing, and Those Nasty Neighbors
Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm’n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an “essential nexus” between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). …
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CONTINUE READINGThe Mystery of Koontz: “Why Are We Here?”
Lyle Denniston of SCOTUSBlog reports that the plaintiff’s argument in the Court’s highest-profile Takings case of the year, Koontz v. St. John’s River Water Management District, did not go well. Both Rick and I have blogged about the case before, and the more I think about it, it seems to me that the case has been …
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CONTINUE READINGA Strange Taking Case for the 2012 Term
Rick notes that the Supremes have decided to revisit Takings jurisprudence in a couple of cases this term. One of them, Koontz v. St. Johns River Water Management District, involves an important legal issue, but the factual issues seem quite strange. The Supremes granted cert in Koontz to consider two questions: 1) can a property …
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