A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Same-Sex Marriage Cases in 90 Seconds
Obama Campaign's Top Lawyer: There Is No Voter Fraud: Video
#NBCfail: Twitter, the Olympics, Guy Adams & Justin Bieber
SCOTUS Stands By Citizens United Decision In Montana Campaign Finance Case
Attorney: Arizona Can't Implement Immigration Law Without Racial Profiling
Supreme Court Decision Could Spur New Immigration Laws
Evolving Free Speech Legislation Threatens the Rights of Property Owners
Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant
The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an...more
Since the petition for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. was filed last year, we have raised the possibility that, even if the Supreme Court granted certiorari, the case might...more
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
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
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
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
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
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
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
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
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
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
How to Automatically Save Your Home From Foreclosure When the Bank Won't Work with You or Modify Your Loan. ...more
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 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 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
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
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 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
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
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
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
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
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
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