Residential Real Estate Privacy Constitutional Law

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News & Analysis as of

Another NY Appellate Division Holds that Appraisers have “No Right” to Inspect a Private Residence under the Fourth Amendment

We previously reported on a Second Department case that held a municipal agent (including a private appraiser hired by a municipality) is not automatically entitled to an inspection of a private residence to prepare an...more

It’s Reassessment Time in Indiana. Can the Tax Assessor Waltz into Your Home or Business?

Not under the U.S. Constitution. However, the chapter of Indiana’s property tax code addressing real property assessment provides that a county assessor or authorized representative “may, after first making known the...more

Fourth Amendment Precludes Inspection Of Private Property Even In Assessment Review Litigation

Recently there has been increasing debate regarding if and when assessing jurisdictions, or its agents, can invade the privacy of New York residents. Even New York’s governor has been impacted by this issue. Last week, the...more

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

Nelson v. City of Rochester

Motion For Leave To File And Brief Of Amici Curiae CATO Institute, Reason Foundation, Minnesota Free Market Institute, And...

A person’s home is his castle and thus affords certain protections and immunities — including the right to exclude unwanted visitors — that apply whether you own or rent. Unfortunately, ordinances authorizing general...more

The Quiet Man and Civil Rights

The government property code inspector prosecuted a citizen for refusing to consent to a warrantless inspection of the interior of his house. The code enforcement officer claimed that he wanted to "inspect" the interior of...more

Ensuring Equal Justice [Attorneys Fees in Civil Rights Cases 42 USC 1983 & 1988]

This essay describes how to evaluate a potential civil rights case to maximize your client's chance of collecting attorney's fees purusant to 42 USC 1983 and 1988 and related provisions of the federal civil rights law. The...more

Costar Group, Inc. et al v Loopnet, Inc.

Order Denying Motion to Compel Further Responses to Subpoena (Docket #3)

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

(Proposed) Order Granting Application for Admission of Attorney Pro Hac Vice for Steven B. Fabrizio

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

(Proposed) Order Granting Application for Admission of Attorney Pro Hac Vice for Matthew S. Hellman

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

(Proposed) Order Granting Application for Admission of Attorney Pro Hac Vice for Thomas J. Perrelli

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

Amicus Curiae Brief of Electronic Frontier Foundation in Support of Loopnet, Inc.

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

Opposition to Motion to Compel Additional Response to 17 U.S.C. Section 512(h) Subpoena

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet, Inc. (Costar Group, Inc. v Loopnet, Inc.)

Notice of Motion & Motion to Compel Loopnet to Respond to Subpoena

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet, Inc. (Costar Group, Inc. v Loopnet, Inc.)

Certificate of Service

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet, Inc. (Costar Group, Inc. et al v Loopnet, Inc.)

Certification of Interested Entities or Persons by Costar Group, Inc., & Costar Realty Information, Inc.

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet, Inc. (Costar Group, Inc. v Loopnet, Inc.)

Application for Admission of Thomas J. Perrelli Pro Hac Vice

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

Costar Group, Inc. et al v Loopnet, Inc.

Loopnet's Response to Costar Group, Inc.'s Subpoena Pursuant to 17 U.S.C. Section 512(h)

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

In Re: Loopnet, Inc. (Costar Group, Inc. v Loopnet, Inc.)

(Proposed) Order Granting Motion to Compel

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

Costar Group, Inc. v Loopnet, Inc. (& supporting amici for both appellants & appellees)

4th Circuit Opinion Affirming the District Court Judgment

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

Costar Group, Inc. v Loopnet, Inc.

Brief of Amici Curiae BMG Music et al in Support of Appellant and Reversal

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

Costar Group, Inc. v Loopnet, Inc.

Brief of Appellants (Costar)

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

Costar Group, Inc. v Loopnet, Inc.

Memorandum Opinion & Order of District Court in Maryland

On June 20, 2006, EFF filed an amicus brief arguing that a battle between Internet real estate services over copyrighted images should not threaten the rights of users to surf webpages and send emails anonymously. The...more

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