The Federal District Court for the District of North Dakota last week denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.
The
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Affordable Housing in Denver’s Capitol Hill Neighborhood
In October 2022, I participated in an Urban Land Institute Colorado walking tour in Denver’s Capitol Hill neighborhood exploring different types of affordable housing.
The Capitol Hill neighborhood is interesting to me because it is made up of so many
A New Federal Ruling Outlines Limits to Short Term Rental Regulation
A new ruling out of the Fifth Circuit is likely to have significant impacts on the ways that municipalities may regulate short term rental properties (“STR’s”). In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. 2022), the
The LIBOR Act: A federal legislative solution for legacy contracts as LIBOR ends
As we originally reported in our September 2018 Otten Johnson Alert, the London Interbank Offered Rate (“LIBOR”), once the primary benchmark used for floating rate commercial loans, is nearing its end. As of December 31, 2021 lenders stopped using
Cop Critic Unsuccessful on Constitutional Claims in the 6th Circuit
In April, we blogged about Eubanks v. Woods, in which the Sixth Circuit reversed a district court’s grant of summary judgment in favor of Ohio police officers sued for First Amendment retaliation and unlawful arrest after the officers arrested the
Governor Polis Signs SB22-208: Concerning Just Compensation for the Condemnation of Property Encumbered by a Conservation Easement in Gross
On Wednesday, July 8, 2022, Governor Polis signed SB22-208 into law. As discussed in a prior blog post, the new law provides that if property encumbered by a conservation easement will be condemned, and the property will be acquired free
U.S District Court Enjoins School District from Muting Microphones of Anti-Critical Race Theory Parents
There is quite the fervor among certain American parents about the teaching of critical race theory in public schools. In a recent case out of Missouri, Judge Stephen Clark granted an injunction in favor of one such group of parents.
Supreme Court: Boston City Hall Plaza Flags Aren’t Government Speech
The City of Boston flies three flags in City Hall Plaza just outside the Boston City Hall: those of the United States, the Commonwealth of Massachusetts, and the City of Boston. From time to time, and at the request of
Colorado Legislature Passes Bill for Valuation of Conservation Easement Properties in Condemnation Actions
On May 10, 2022, the Colorado Legislature passed SB22-208, titled “Concerning Just Compensation for the Condemnation of Property Encumbered by a Conservation Easement in Gross.” If signed, the bill ensures that if property encumbered by a conservation easement will
U.S. District Court Rejects Tree House Builder’s Federal Claims
“This case is about a tree house.” Lepper v. Vill. of Babylon, 18CV7011JMAAYS, 2022 WL 939719, at *2 (E.D.N.Y. Mar. 29, 2022). In a recent federal case out of Long Island, NY, plaintiffs John and Noelle Lepper and their minor