Constitutional Law › Commercial Real Estate › Civil Rights

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

Evolving Free Speech Legislation Threatens the Rights of Property Owners [Video]

There is conflict between the free speech rights guaranteed by the U.S. Constitution and the right of shopping mall owners. Shopping malls are considered pseudo public spaces by California courts so many free speech tenets...more

Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant [Video]

Ever since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California...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

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

Constitutional and SEQRA challenge to local law restricting landlords fails as court holds law valid

Fourth Department decision holds local law valid

A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more

Recovering Business Damages in Condemnation Cases

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

Ohio Education Law Monthly (November 2010)

In This Issue: Court Allows a Citizen's Civil Rights Claims to Proceed Against a School Board President Accused of Silencing Speech A U.S. District Court in Virginia recently held that a jury should decide whether to...more