Tejas Motel v City of Mesquite – Fifth Circuit Court of Appeals

by: Joseph Grather
16 Jun 2023
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

SCOTUS “Keep the Change” Tax Sale Case is Already Making Waves in New Jersey

by: Michael Realbuto
14 Jun 2023
A few weeks ago, our firm blogged about Tyler v. Hennepin Cnty., No. 22-166 (May 25, 2023), which was a huge win in the United States Supreme Court for property owners facing a tax sale due to delinquent taxes. To paint the full picture about Tyler, the property owner failed to pay taxes on her... Read More

Jury Duty – Hillgrove v. Morris (Comic Interlude)

by: Joseph Grather
12 Jun 2023
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

Self-Represented Litigants Appeal Assessments In Tax Court and Lose

by: Allan Zhang
8 Jun 2023
This recent Tax Court opinion is based on an appeal by self-represented litigants of the 2021 added assessment and 2022 tax year local property tax assessment on a single family home in Montclair Township. The Court affirmed the 2021 added assessment and 2022 tax assessment. The self represented litigants, Lucy and Daniel Yang, purchased the... Read More

Sackett et ux v Environmental Protection Agency

by: Joseph Grather
6 Jun 2023
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

Supreme Court Rules in Favor of Homeowner in Takings Clause Case

by: Matthew Erickson
26 May 2023
On May 25, 2023, the United States Supreme Court issued their unanimous decision in the matter of Tyler v. Hennepin County.  The question posed to the Court in this matter was whether a government body, who has taken real property under the guise of an unpaid tax debt, can sell that property for an amount... Read More

Demarest v. Underhill – Cert. Petition

by: Joseph Grather
25 May 2023
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

Another Redevelopment Project Brewing in Seaside Heights?

by: Anthony F. Della Pelle
24 May 2023
Last week, the Seaside Heights Borough Council unanimously approved a resolution requesting its Planning Board to investigate whether a motel property on Ocean Terrace qualifies as an “area in need of redevelopment” under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. The property, a motel currently operated as the Surfside Motel... Read More

Federal Courts Signal Return to In Person Court Proceedings

by: Joseph Grather
12 May 2023
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

NYC To Use Eminent Domain For Next Phase of 2nd Avenue Subway

by: Allan Zhang
4 May 2023
Here is some eminent domain news from across the Hudson River regarding one of the costliest railroad expansion projects per mile in the history of the world. The Metropolitan Transportation Authority (“MTA”) has begun the eminent domain process for its second phase of the long awaited Second Avenue Subway. At the April 26, 2023, the... Read More