BLOG: Condemnation Law

Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General

by: Allan Zhang
23 May 2020
While most businesses have complied in some form or manner with the spirit of the above meme,  a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period.  It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More

NJGOP Joins The Shutdown Challenge Party

by: Anthony F. Della Pelle
22 May 2020
Yesterday, the NJ State Republican Committee joined forces with a few small businesses in filing a lawsuit to challenge the constitutionality of Governor Phil Murphy’s Executive Orders in an effort to reopen small businesses around the State.  The lawsuit, filed in New Jersey Superior Court, Cape May County, includes as plaintiffs the GOP State Committee,... Read More

More Novel Takings Cases Arising from Novel Coronavirus

by: Joseph Grather
21 May 2020
As States allow businesses to slowly re-open, some business owners intend to assert “takings” claims for the lost business caused by the State Order closures.  A barber in Sarasota Florida has retained counsel to file suit against the State.  According to the plaintiff’s lawyer, “The government took his property because they took the economic value... Read More

Oregon Shutdown Order: Vacated and Reinstated in One Day

by: Anthony F. Della Pelle
19 May 2020
Another State’s Executive Orders – this time in Oregon – rode a judicial seesaw yesterday.  Earlier in the day, Baker County Circuit Court Judge Matt Shirtcliff issued an opinion and preliminary injunction which declared that all of Oregon Governor Kate Brown’s Executive Orders were “null and void”, and therefore enjoined enforcement of several orders entered... Read More

Hamptons’ Beach House Rental Market Frenzied, While Jersey Shore Owners Left Out in the Cold

by: Joseph Grather
18 May 2020
The New York Times reports that there is a “feeding frenzy” for Hamptons seasonal beach house rentals. Contrast that with the chilling effect of Governor Murphy’s executive Order barring short-term rentals found in our recent “I Can’t Rent My Beach House! blog.   Hard to predict if the restrictions on short-term rentals – to be decided... Read More

LANDLORDS ASSEMBLE… TO BATTLE RENT CONTROL ORDINANCES!

by: Allan Zhang
18 May 2020
This week’s COVID-19 related hot topic: landlord’s assembling to fight rent control measures in New Jersey. Montclair Township and Union City both recently passed ordinances to implement rent control measures leading to the pending matters. Montclair Rent Control Ordinance In Montclair, a number of landlords joined together as the Montclair Property Owner’s Association (“Montclair Assoc.”... Read More

NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening

by: Anthony F. Della Pelle
15 May 2020
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen.  The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More

Charleston County (SC) Sues Town Over COVID-19 Check Points Barring Public Access to Beaches

by: Joseph Grather
15 May 2020
Similar to the case between government entities that resulted in a “stay at home order” being struck down by the Wisconsin Supreme Court (blogged here), Charleston County recently sued the Town of Folly Beach, South Carolina because the Town was denying access to public beaches.  The barrier island municipality had set up road blocks that... Read More

More COVID-19 Takings Claims – Professional Beauty Federation Sues California

by: Joseph Grather
14 May 2020
I’m not keeping a running tally, but the list of suits challenging broad executive “shutdown” orders grows daily.  Everyone who has gone without a haircut for the last 60+ days (including yours truly) are rooting for the licensed beauticians to succeed!  The full text of the complaint is found here.  The gist of the takings’... Read More

Wisconsin Supreme Court: No Need to Stay at Home Any More!

by: Anthony F. Della Pelle
14 May 2020
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country.  The 4-3 decision was lauded by local Republicans and small business owners as... Read More