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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

Shipyard Associates Wins Big Against Hoboken

by: Joseph Grather
8 May 2020
While not a condemnation case per se, the Supreme Court’s May 5th Opinion in Shipyards Assoc. v. Hoboken may be useful in a future valuation case. In short, the owner rec’d approvals in 1997 for residential development of its waterfront property in Hoboken.  They build most of the project in conformity with its approvals, except... Read More

Priest Files Shutdown Challenge – Is Governor Thinking About the Bill of Rights Now?

by: Richard De Angelis
5 May 2020
Last week we wrote about the first known challenge to Governor Murphy’s Executive Order shutting down the State in an attempt to slow the spread of COVID-19.  The plaintiff there alleged the Order resulted in a taking of his beach house because it prohibits seasonal beach rentals and, as a result, he was required to... Read More

“Thanks” To COVID-19, It’s Not Too Late To File A Property Tax Appeal

by: Richard De Angelis
1 May 2020
Like you, we at McKirdy, Riskin, Olson & Della Pelle, P.C. have had to adapt to the current State of Emergency caused by the COVID-19 virus that has upended our normal routines.  First and foremost is that we are all concerned about our health and that of our family and friends, especially those most vulnerable... Read More

NJ Shutdown Challenge – I Can’t Rent My Beach House!

by: Anthony F. Della Pelle
1 May 2020
The first apparent challenge to New Jersey’s shutdown orders was filed this week by a Pennsyvlania doctor, who alleges that Governor Murphy’s Executive Orders have resulted in a taking of his Margate beach house – because the orders prohibit seasonal beach rentals and, as a result, he was required to refund a deposit on a... Read More

On Blueberry Hill – Property Owner Seeks Injunction from US Supreme Court

by: Joseph Grather
1 May 2020
Not very sexy to sing ‘I found my thrill on Blueberry Hill Public Golf Course & Lounge’, but these are strange days indeed. The name of the case is actually “Friends of Danny DeVito v. Tom Wolf” but if I were the property owner’s lawyer I would have led with Blueberry Hill…. I digress.  This... Read More

Property Rights Trampled by COVID-19

by: Joseph Grather
22 Apr 2020
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property.  The Order denied access to the owners private beach. If you have 5 minutes,... Read More