Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more
Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more
An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more
Legislation Would Limit Condemnation Awards for Beach Replenishment
by Patrick J. McNamara on March 19, 2013
Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy....more
In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more
The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more
For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more
California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more
In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more
As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more
Coy Koontz, a Florida land owner, was denied a permit to develop his commercial property because he would not agree to use his money and labor to improve 50 acres of government-owned land miles away from his land. Improving...more
Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more
The United States Court of Appeals for the Ninth Circuit concluded that the Fourth and Fourteenth Amendments to the United States Constitution protect the unattended but not abandoned property of homeless persons from...more
On March 2, 2012, the Texas Supreme Court issued a new opinion that has reinforced and modified its landmark 2011 Denbury decision, which has particularly significant implications for the pipeline industry in Texas. At...more
The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more
In Florida land development, how traffic moves through an area is important - and years in advance of any roadway being constructed, there are land planners who work hard to determine where roads (highways, streets, etc.) are...more
Today the Texas Supreme Court heard an oral argument to decide whether a pipeline company will pay $48,000 or $21 million to condemn 24 acres for a gas processing facility.
Rent was less than $23,000 annually; the...more
Article originally published in the WISCONSIN LAW JOURNAL - Monday, February 6, 2012.
A Wisconsin-based citizens group is asking the U.S. Supreme Court to review a case challenging the annexation of a business...more
The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly. See 2012′s bills on the amendment, HJ 3 and SJ 3.
In 2011, shortly after the landmark legislation was signed into law by Governor Rick Scott, a lawsuit was filed by the Town of Yankeetown, Florida, challenging the Florida Community Planning Act as being unconstitutional for...more
In This Issue:
- No Good Deed Goes Unpunished - Efforts to Settle One Case Lead to Another
The U.S. Court of Federal Claims recently found the federal government liable for breach of contract under which, in...more
Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and...more
International laws and their enforcement are issues of increasing importance in today's world of globalization.
Many civilized nations sign treaties to codify and interpret the international laws that govern their relations....more
On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells. The cases essentially challenge the Constitutionality of several state statutes...more
It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more
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