BLOG: Court Decisions

Penn. High Court: Eminent Domain Power Not Required For Liability in Inverse Condemnation Action

by: Michael Realbuto
15 Dec 2021
In late November 2021, the Pennsylvania Supreme Court addressed a rather interesting question regarding inverse condemnation liability in Hughes v. UGI Storage Co., et al., No. J-69A-2021 (Nov. 29, 2021). There, the Court sought out to answer whether, to be held liable for damages under Pennsylvania’s inverse condemnation statute, an entity must be clothed with... Read More

Gym Owner Loses Challenge to COVID Shutdown Order

by: Anthony F. Della Pelle
26 Oct 2021
A New Jersey kickboxing business owner was recently denied compensation for the closure and limitations placed on its business under COVID-19 “shutdown” orders signed by Governor Phil Murphy.  The business, JWC Fitness, LLC, based in Franklin, New Jersey, shut its doors in March 2020 in compliance with Murphy’s Executive Order 104, thereby closing its business... Read More

Michigan Supreme Court Allows Flint Water Crisis Victim to Assert an Inverse Condemnation Claim

by: Michael Realbuto
21 Oct 2021
From 1964 through late April 2014, the Detroit Water and Sewerage Department (“DWSD”) supplied Flint, Michigan residents with water from Lake Huron. On March 28, 2013, the State Treasurer recommended to the Governor that he authorize the plan to construct an alternative water supply system. Thereafter, on April 16, 2013, the Governor authorized a process... Read More

4th Circuit: State Sovereign Immunity Bars a Takings Claim in Federal Court when Remedies are Still Available in State Court

by: Michael Realbuto
12 Oct 2021
A recent decision by the U.S. Court of Appeals for the Fourth Circuit (Zito v. North Carolina Coastal Resources Commission) addressed whether a Fifth Amendment takings claim against the North Carolina Coastal Resources Commission (the “Commission”) is barred by State sovereign immunity. The Pacific Legal Foundation, an organization that has successfully argued many property rights... Read More

U.S. Supreme Court’s Emphatic “Take That!” To CDC Eviction Moratorium

by: Anthony F. Della Pelle
27 Aug 2021
Yesterday, the US Supreme Court issued a per curiam opinion which finally (hopefully) ended the ping pong match that had been underway for many months concerning the validity of the federal eviction moratorium, which had been in place since the beginning of the COVID-19 pandemic.  The moratorium was first imposed by Congress in March 2020... Read More

Court OKs Governor’s Executive Order Concerning Security Deposits

by: Anthony F. Della Pelle
21 Jul 2021
A New Jersey appellate court has upheld Governor Phil Murphy’s Executive Order No. 128, which permits residential tenants to use their security deposits to pay rent during the COVID 19 pandemic. The Executive Order, entered in April 2020, was one of many entered since last March in response to the economic and public health crises... Read More

PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787

by: Joseph Grather
30 Jun 2021
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.”  The full text of the opinion is here. By way of recap,... Read More

Cedar Point Nursery – Per Se Taking Found by United States Supreme Court

by: Joseph Grather
24 Jun 2021
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday.  Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021).  The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property.    The full... Read More

Arby’s Exception to the Jury View Rule?

by: Joseph Grather
21 Apr 2021
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property.  A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More

US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !

by: Joseph Grather
4 Feb 2021
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari.   Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More