Civil Rights Zoning, Planning & Land Use Residential Real Estate

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Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Update on the U.S. Supreme Court’s Inclusive Communities Decision

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

Five Surprising Facts About the Inclusive Communities Case

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

City of Marysville, Washington Defeats RLUIPA, RFRA, and Fair Housing Claims

In Holy Ghost Revival Ministries v. City of Marysville (W.D. Washington), the U.S. District Court for the Western District of Washington considered claims of religious discrimination brought by Holy Ghost Revival Ministries...more

City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

Mt. Holly Gardens files merits brief

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 U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount...

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

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

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

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

Huapala Senior Care E, LLC v. City and County of Honolulu

Complaint

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

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

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

Exaction, Extortion or Illegal? Mandatory Dedication of Open Space Parcel Held Unlawful

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

Jump Start for 2011

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... Please see...more

Implied Warranties in Rental Properties

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

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

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

Answering Brief for the Appellee Kauai Springs, Inc.

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

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