Civil Rights Zoning, Planning & Land Use Constitutional Law

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New RLUIPA Suit Accuses Two New York Municipalities of Anti-Semitism

The Village of Bloomingburg, NY (Village) and the Town of Mamakating, NY (Town) are facing allegations of religious discrimination in land use regulation. On September 8, 2014, the Bloomingburg Jewish Education Center,...more

DOJ Sues Minnesota City Over Denial of Islamic Somali Immigrants’ Mosque Proposal

The U.S. Department of Justice (DOJ) has sued the City of St. Anthony Village under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the City Council, in 2012, denied the Abu Huraira Islamic Center’s...more

Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes...

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

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Religious Institutions Update: January 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...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

How Late Is It?

On September 28th, 2012 Cook County Associate Judge Thomas Donnelly threw out the arrests of Occupy Chicago demonstrators who had been charged with violation of the City of Chicago’s overnight park curfew. He went on to...more

Arkansas Game & Fish Comm'n v. United States

Brief Amicus Curiae of Owners' Counsel of America

This is the amicus brief of Owners' Counsel of America in Arkansas Game & Fish Comm'n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of...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

C&J Coupe Family Ltd Pship v. County of Hawaii

Reply Brief for the Petitioner

Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual? Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme...more

C&J Coupe Family Ltd Pship v. County of Hawaii

Petition for a Writ of Certiorari

This case presents the opportunity for the U.S. Supreme Court to firmly establish what the majority and Justice Kennedy’s concurring opinions in Kelo v. City of New London, 545 U.S. 469 (2005) strongly suggested, but did not...more

Guggenheim v. City of Goleta, California

Brief of Manufactured Housing Institute as Amicus Curiae in Support of the Petitioners

Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In...more

Mills v. City of Hazelwood

Petition

Each February and March for the past six years Caitlin Mills, 16, and Abigail Mills, 14, have put a card table in front of their home in Hazelwood, Missouri, and sold Girl Scout cookies to drivers passing by. This year,...more

203 17th Realty LLC et al. v. City of New York

Complaint and Jury Demand

Complaint against the City of New York seeking various forms of relief including for civil rights violations under 42 USC section 19893 by various New York City building owners. The plaintiffs have been assessed with...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Appellee Kauai Springs, Inc.'s Response to Brief of Amici Curiae Malama Kauai and Hawaii's Thousand Friends

Issues: automatic approval of zoning permits; public trust....more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Appellee Kauai Springs, Inc.'s Response to Amicus Curiae Brief of the Office of Hawaiian Affairs

Issues: automatic approval of zoning permits; public trust....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

OTR Media Group, Inc. v. The City of New York, et al.

Summary Statement on Application for Expedited Service and/or Interim Relief

We filed a motion, based on an affidavit filed by the Chief Executive Officer of OTR Media Group, in New York's Appellate Division, First Department to stay the enforcement of the decision and order of Supreme Court, New York...more

OTR Media Group, Inc. v. The City of New York et al.

Affidavit in Support of Motion by OTR Media Group, Inc. for a Stay of Enforcement of Summary Judgment Order

We filed a motion, based on this affidavit from the Chief Executive Officer of OTR Media Group, in New York's Appellate Division, First Department to stay the enforcement of the decision and order of Supreme Court, New York...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

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