General Business Zoning, Planning & Land Use Constitutional Law

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Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party's Interest in Property

"Motions in limine" are motions made shortly before trial, and they're typically filed in an attempt to limit the introduction of evidence to the jury. They are a powerful tool in eminent domain proceedings, and can be used...more

Missoula, MT and Apple Valley, CA Team Up for Water Fight

In what might appear as a strange pairing, the city of Missoula, Montana and Apple Valley, California are collaborating on how to take back their local water systems. As reported by the Missoulian, the water systems for both...more

Fur Flies and West Hollywood (“WeHo”) Fur Ban Is Upheld By Federal Court

West Hollywood, California’s controversial law banning the sale of fur within city limits survived a legal challenge by a luxury retailer last month. A federal court dismissed the action brought by Mayfair House Inc., a...more

Implications of the Supreme Court Decision on Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

The Grapes of Wrath Part II - A Return to Horne

In June of last year, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture holding that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement...more

Major League Baseball’s Antitrust “Exemption” Is Immune From Judicial Overrule

The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of...more

Underwater Mortgages: Can Eminent Domain Bail Them Out?

This article examines the constitutionality and possible implications of the plan being considered in several parts of the country to use the power of eminent domain to seize "underwater mortgages". The plan has been...more

Land Use, Zoning and Other Local Policies to Promote Economic Development - League of California Cities Webinar: New Tools for...

In This Presentation: • Public Agency Approach • Existing Local Authority • Public Private Partnerships • Redevelopment/Economic Development • Public Infrastructure - Excerpt from Public Agency...more

Business News Digest – July 2013

In this issue: - CFPB's Office of Enforcement Issues a Bulletin - Court Rules Government Cannot Make "Extortionate Demands" on Persons Seeking Land-Use Permits - DOD Issues Proposed Regulations on the...more

MoFo New York Tax Insights - Volume 4, Issue 7 -- July 2013

In This Issue: - New York’s Highest Court Holds Retroactive Changes to Empire Zones Tax Credit Program Unconstitutional - Tribunal Upholds Applicability of Sales Tax to Environmental Testing and Monitoring...more

Gaming Legal News - June 26, 2013 • Volume 6, Number 14

In This Issue: - TRIBAL MEMBERSHIP REVOCATIONS: DIALING FOR DOLLARS? Over the past several years, there have been a series of publicized tribal enrollment revocations of enrolled members – including former...more

Decision Made Concerning Red River Compact

This month, in Tarrant Regional Water District v. Herrmann, the United States Supreme Court unanimously sided with the State of Oklahoma in the state’s long battle with the State of Texas concerning the Red River Compact, 94...more

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

New Floodplain Ordinance Targets Oil and Gas Operations

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Appellate Notes: Week of March 18, 2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

Paper Carryout Bag Charge Is Not A Tax

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

The Founding of Damon Key Leong Kupchak Hastert (1963-2013)

Founded in Honolulu in 1963 by Frank Damon, a Hawai‘i-born descendant of missionaries from New England, and Henry Shigekane, the son of Japanese immigrants, Damon & Shigekane pioneered new territory by crossing ethnic lines —...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

Gaming Legal News: April 6, 2012 • Volume 5, Number 7: Unnamed Developers Seek Constitutional Amendment For Eight New Casinos In...

A group of unnamed developers operating under the title “Citizens for More Michigan Jobs” obtained approval from the Michigan Board of State Canvassers on April 3, 2012, as to the form of a petition to amend Michigan’s...more

Redevelopment Law Unconstitutional Because of Impairment of Contract?

Largely lost in the noise and furor surrounding the decision by the California Supreme Court upholding AB 1X 26 (California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, which terminated the functions of...more

Marzulla Law Legal Report - November 2011

In This Issue: - No Good Deed Goes Unpunished - Efforts to Settle One Case Lead to Another The U.S. Court of Federal Claims recently found the federal government liable for breach of contract under which, in...more

Marzulla Law Legal Report - September 2011

In This Issue: - Court Upholds Landowner's Contract-Based Mineral Rights In the Elmore/Road Rock, Inc. v. Florida Power & Light breach of contract case, Judge Robert A. Rosenberg of the Complex Litigation Unit of...more

•Stewart & Jasper Orchards v. Salazer

Brief Of Amici Curiae Center For Constitutional Jurisprudence And The CATO Institute In Support Of Petitioners

The federal government is currently engaged in a misguided attempt to use a noneconomic statute — the Endangered Species Act — to regulate under its Commerce Clause authority a noneconomic activity, the potential "take" of...more

Proposed Repeal Of California Enterprise Zone Benefits Would Violate The Contracts And Due Process Clauses Of The California And...

Communities to Save Enterprise Zones has asked Reed Smith to articulate the legal case against Governor Brown's proposal to repeal the benefits associated with California's Enterprise Zone Program, including elimination of...more

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