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
Although settlement discussions are continuing, the respondents in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., filed their merits brief with the U.S. Supreme Court on October 21. (The Township’s...more
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
On June 17, 2013, the U.S. Supreme Court granted a petition for certiorari in a case that will decide whether “disparate impact” liability — liability based solely on a practice’s alleged discriminatory effect, though the...more
The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....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
Huapala Senior Care E, LLC, a developer of residential housing for elderly residents of Manoa Valley, today filed a lawsuit in federal court against the City and County of Honolulu. The lawsuit charges that the City,...more
On February 10, the parties in a major fair housing case under review by the U.S. Supreme Court requested that the Court dismiss the case. As reported previously by BuckleySandler, the City of St. Paul, Minnesota withdrew...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
Score One For Property Rights Advocates
Massachusetts has the well-deserved reputation of being one of the most challenging states to permit a new housing development due to its myriad of rules, regulations and zoning...more
In this issue: High Court Asked to Broaden Scope of Prop.; Tribe's Suit Over Tejon Ranch is Dismissed; Solar Project Firms See a Wave of Legal Challenges; Angels Fans Must Build 'Class' to Proceed; and more...
When you rent a residential property, it is subject to an "implied warranty of habitability" meaning that the owner of the property is under a duty to ensure that it is fit for human habitation. If a landlord (not the tenant)...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).
Issues: automatic approval of zoning permits; public trust....more
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
This is the Opening Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P'ship, two condemnation cases arising out of the County of Hawaii's attempts to take a Kona family's property.
Once a municipal government denies a property owner's development application, does the property owner have an obligation to change the law in order to ripen her federal takings claim?
This amicus curiae brief, filed in...more
Municipal Codes and public apathy...more
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