Damon Key Leong Kupchak Hastert

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Damon Key Leong Kupchak Hastert Blogs

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It’s Monday, so we’re just going to ease into the week by (inter alia) reading a couple of law review articles: Federal Courts and Takings Litigation, by Prof. Ann Woolhandler & Prof. Julia D. Mahoney: “While Knick clearly expands the lower federal court role in takings claims, many questions remain, for it is not yet clear whether federal courts will embrace a robust federal judicial role in land use cases. This Article surveys the…
When we think “New Mexico,” we imagine scenes like this. Endless sky, seemingly infinite open roads, high desert … you know, “the West.” But after reading the New Mexico Supreme Court’s opinion in City of Albuquerque v. SMP Properties, LLC, No. S-1-SC-37343 (Feb. 25, 2021), we’re going to think “inverse condemnation.” (Yeah, that may be sad, but come on, remember the title of this blog!) The case: the city did a partial taking of…
How about buying what you thought was a retirement home, only to be told that if you want the local government’s ok change the form of ownership of the property you’ve got to offer any tenant a lifetime lease? Here’s the cert petition, filed today in a case we’ve been following for a while, first as an outside observer, now as a (minor) participant. This one seeks review of the Ninth Circuit’s ruling…
We’ve been meaning to post this one, a short per curiam opinion from the Ohio Supreme Court, for some time. Not because it deals with earth-shattering substantive eminent domain issues, but because it highlights a somewhat niche, but pretty important, procedural issue.  Say an owner challenges the take, either by way of a public use or a necessity challenge. Some jurisdictions, Ohio included, permit the owner whose challenge is initially denied, to an immediate interlocutory…
We were hoping for better news in a case we’ve been following in its various forms for what seems like forever. But today, the U.S. Supreme Court in this order declined to issue a writ of certiorari to review the Ninth Circuit’s decision in Bridge Aina Lea, LLC v. Hawaii Land Use Comm’n, No. 20-54, a case in which a federal court jury concluded the property owner suffered both a Lucas and Penn Central taking,…
If you are ever in Boston, it is worth a few minutes of your time to pay a visit to the John Adams Courthouse. The interior architecture is pretty neat, it is full of history (Oliver Wendell Holmes was here), and it is one of the few places in the country where the state’s supreme court is actually below the intermediate appellate court.  On that last one, we’re being very technical and…
The situation in Hamen v. Hamlin County, No. 28671 (Feb. 10, 2021), a recent opinion by the South Dakota Supreme Court seems pretty bad, but a road we’ve gone down before. Believing that a suspect was inside, the local SWAT team (along with the county Special Response Team — drone and two armored vehicles included) damaged the mobile home belonging to the suspect’s parents: To create the communication portholes for the Hamens’ trailer, an…
We all know that Knick v. Township of Scott, 139 S. Ct. 2162 (2019) only knocked out the “state action” prong of the two-part Williamson County takings ripeness requirement. You may not need to pursue and lose compensation via state procedures to ripen a takings claims, but still active is the “final decision” requirement under which the alleged taker must have made a decision applying the regulation to the property owner, so that a…
When we hear “Pennsylvania” and “coal,” our ears perk up and we naturally think of this case and regulatory takings. But the Pennsylvania Supreme Court (Western District)’s opinion in DPBS Coals, Inc. v. Penn. Dep’t of Transportation, No. 41 WAP 2019 (Jan. 20, 2021) isn’t a regulatory takings case, but dealt with more traditional inverse condemnation. We’ve been meaning to post about the case for some time, but in the interim a colleague has…