Civil Rights › Constitutional Law › Residential Real Estate

Challenging The Condominium Association That Tried To Ban Judaism At The Door

This past April a Connecticut condominium association reversed its decision to prohibit Mezuzahs on the doorposts of residents' apartments. A Mezuzah is a Jewish religious article in the shape of a small rectangle, which...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

Supreme Court Asked to Hear New Case Involving Disparate Impact Claims Under the Fair Housing Act

On June 11, the New Jersey Township of Mount Holly petitioned the U.S. Supreme Court to hear a case involving the use of disparate impact claims under the Fair Housing Act. Specifically, Mount Holly asks the Court to...more

Conflict Between Condo Declaration and Religious Practices

In the vast majority of instances, it is important for condominium corporations to actively enforce their declarations, by-laws and rules. In fact, section 17(3) of the Condominium Act, 1998 (the “Act”), imposes an obligation...more

Magner v. Gallagher

Brief Amicus Curiae Of Pacific Legal Foundation, Center For Equal Opportunity, Competitive Enterprise Institute, And The CATO...

The federal Fair Housing Act makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex,...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

InfoBytes Special Alert: Supreme Court Grants Petition for Writ of Certiorari in Disparate Impact Case

On November 7, 2011, the Supreme Court granted a petition for a writ of certiorari in the case of Magner v. Gallagher, 10-1032, which poses the question of whether disparate impact claims are cognizable under the Fair Housing...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more

Corboy v. Louie

Brief Amicus Curiae Of Pacific Legal Foundation, CATO Institute, et al., In Support Of Petitioners

Hawaii continues to think that it's not quite part of the United States and thus not fully subject to U.S. law. In the 2000 case of Rice v. Cayetano, the Supreme Court struck down race-based voting requirements for certain...more

Kansas City Premier Apartments v. Missouri Real Estate Commission

Motion to Modify Judgment

On July 19, 2011, the Missouri Supreme Court ruled that the First Amendment did not prevent the government from criminalizing the communication of truthful, harmless information about rental properties. Despite this holding,...more

Stop Foreclosure Automatically Using the Power of Chapter 13

How to Automatically Save Your Home From Foreclosure When the Bank Won't Work with You or Modify Your Loan. ...more

Kansas City Premier Apartments v. Missouri Real Estate Commission

Reply Brief of Appellant

In this case the government attempted to shut down Kansas City Premier Apartments, a company that helps apartment seekers in the Kansas City area find new places to live by providing them with information about rental...more

Kansas City Premier Apartments v. Missouri Real Estate Commission

Brief for Respondent

In this case the government attempted to shut down Kansas City Premier Apartments, a company that helps apartment seekers in the Kansas City area find new places to live by providing them with information about rental...more

The Quiet Man and Civil Rights

The government property code inspector prosecuted a citizen for refusing to consent to a warrantless inspection of the interior of his house. The code enforcement officer claimed that he wanted to "inspect" the interior of...more

Kansas City Premier Apartments v. Missouri Real Estate Commission

Appellant's Brief - Missouri Supreme Court

Kansas City Premier Apartments is a business specializing in providing members of the public with useful information about rental properties in the Kansas City area. The Missouri Real Estate Commission admitted that the...more

Recovering Business Damages in Condemnation Cases

Are business losses compensable as part of "just compensation" when a business property is taken by eminent domain? This article surveys the circumstances around the United States in which business profits and good will may...more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Brief of Land Use Research Foundation of Hawaii as Amicus Curiae in Support of the Petitioners

Yesterday, on behalf of the Land Use Research Foundation of Hawaii, we filed this brief amicus curiae in the U.S. Supreme Court in Maunalua Bay Beach Ohana 28 v. Hawaii, No. 10-331 (cert. petition filed Sep. 7, 2010). This...more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Amicus Curiae Pacific Legal Foundation's Memorandum in Support of Maunalua Bay Beach Ohana 28's Application for a Writ of...

This brief was filed to support the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Hawaii Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii,...more

City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Authority of the City of Milwaukee

Brief of Amici Curiae National Association of Home Builders And Wisconsin Builders Association In Support of Petition for A Writ...

When is a lease that everyone agrees is worth more than a million dollars totally worthless? When it's an eminent domain case and the court applies the "undivided fee" rule, that's when. Most eminent domain attorneys know...more

Maunalua Bay Beach Ohana 28 v. State of Hawaii

Motion of Pacific Legal Foundation for Leave to Submit Brief Amicus Curiae in Support of Maunalua Bay Beach Ohana 28's Application...

Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the...more

Another Judge Rules Farmers Branch Rental Ban Is Unconstitutional

For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News article reporting this...more

County of Hawaii v. C&J Coupe Family Ltd. P'ship

Brief for the Appellant Replying to Answering Brief of Plaintiff-Appellee County of Hawaii

When a statute mandates that a property owner is entitled to recover "all damage" when an attempt to condemn its property fails, does that include the lost time value of any of the property owner's funds which have been...more

County of Hawaii v. C&J Coupe Family Ltd. P'ship

Brief for the Appellant Replying to Answering Brief of Appellee 1250 Oceanside Partners

When is an exercise of eminent domain not "for public use" as required by the U.S. and state constitutions? This brief, and the briefs filed earlier in the appeal, address that issue. These cases have resulted in two prior...more

Ensuring Equal Justice [Attorneys Fees in Civil Rights Cases 42 USC 1983 & 1988]

This essay describes how to evaluate a potential civil rights case to maximize your client's chance of collecting attorney's fees purusant to 42 USC 1983 and 1988 and related provisions of the federal civil rights law. The...more

Damon Key Attorneys Advocate in U.S. Supreme Court Takings Case

Do judges “make” law, and do courts “take” property when they change it? These questions, and others, are now before the U.S. Supreme Court in a Florida case to be argued in December. In Stop the Beach Renourishment, Inc....more