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NY Rent Control Laws: Property Owners Challenge Constitutionality in Supreme Court
Rent control NY laws face a pivotal challenge as property owners petition the Supreme Court to address constitutional concerns about government takings. As a property rights attorney dealing with condemnation of property cases, I found particular resonance in Michael Berger’s law review article, “The Joy of Takings” (Journal of Law & Policy, 2017). While this... Read More
“Perpetual” Storm Protection???
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms. It was almost a right of passage. That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More
Sandy Dunes Still Creating Property Rights Disputes
Earlier this year, several oceanfront property owners in Toms River sued their homeowner’s association and the municipality because they were precluded from building a “dune walkover.” The dunes are those that were funded after the devastation to the Jersey Shore caused by Hurricane Sandy in 2012. The project was designed by the Army Corps of... Read More
Oklahoma! (Childers v. Arrowood)
“Where the wind comes sweepin’ down the plain….” Wait, nope, that’s for another blog. Another strange takings case from our Owners Counsel of America colleague Robert Thomas, as reported in his Inverse Condemnation Blog (God only knows how he finds these cases!) This one comes from the Oklahoma Supreme Court and involves the taking of... Read More
Sunday Thoughts on Jury Selection
20th Century Fox. It’s a rainy Sunday here in Morristown three days removed from completing my second live jury trial post-Covid. Glad to say the jury rendered a verdict in favor of the property owners. I should say former property owners because it was a condemnation valuation trial. That means the jury was called on... Read More
Tejas Motel v City of Mesquite – Fifth Circuit Court of Appeals
2023-3-22 Tejas-Motel-L-L-C-v-City-of-Mesquite-No-22-10321-5th-Cir Catching up on some recent takings cases (after watching Jury Duty for a week. LOL). The Fifth Circuit determined that a property owner could not “relitigate a takings claim in federal court that was previously dismissed in state court.” Full text of opinion above. The owner operated a small motel in the City... Read More
Jury Duty – Hillgrove v. Morris (Comic Interlude)
Official trailer – Amazon Prime TV. It’s Sunday, wrapping up trial preparation for a bench trial tomorrow, and wanted to take a brief detour from our regularly scheduled programming. I watched the entire season of Jury Duty (the show) this past week and finished it last night. Oh my god, it is must-see TV, especially... Read More
Sackett et ux v Environmental Protection Agency
Sackett et ux (“and wife”) versus Environmental Protection Agency. Classic David v. Goliath matchup. Good thing the property owner couple had the Pacific Legal Foundation on their side. PLF scored two wins on the same day at the High Court – unprecedented? I don’t know, but rare air no doubt. The Sacketts purchased property near... Read More
Demarest v. Underhill – Cert. Petition
Having visited Underhill, Vermont dozens of times, I had to quickly post notice of the recent petition for certiorari filed by our Owners Counsel of America colleague, Michael Berger, on behalf of the property owner. 2023-5-23 demarest-cert-petition. (The Town literally sits “under” Mount Mansfield – Vermont’s tallest peak). The owner’s petition is asking the Supreme... Read More
Federal Courts Signal Return to In Person Court Proceedings
Another sign that the COVID-19 / SARS-2 pandemic is over – Reuters reported yesterday that the federal judiciary would be ending its remote access mandates come September 2023. I clearly remember when it started, the signs pasted on retail business doors – CLOSED – Will Re-open in Two Weeks. That was March 20, 2020. Over... Read More
