Here’s a case we’ve been following (esp. because our firm is counsel for the two intervenors). In Montanans Against Irresponsible Densification, LLC v. Montana, No. DA 25-0200 (Mar. 17, 2026), the Montana Supreme Court upheld the “Montana miracle” housing and
Two or three steps? You decide. A takings case arising from the same locality in Rhode Island that gave us Palazzolo (Westerly, R.I.). In DiBiccari v. Rhode Island, No. 2023-353 (Mar. 10, 2026), the Rhode Island Supreme Court held that
Check this out. A student-authored case summary from the latest edition of the Harvard Law Review, commenting on Fulton v. Fulton County Board of Commissioners, an Eleventh Circuit case we designated as an honorable mention in 2025’s highlights. The Fulton
The latest from the lawyers who brought you Knick v. Township of Scott. A new cert petition challenging the Eleventh Circuit’s conclusion that a property owner asserting a due process violation must effectively exhaust state judicial remedies.
An interesting one from the U.S. Court of Appeals for the Federal Circuit, Ligado Networks, LLC v. United States, No. 25-1792 (Mar. 9, 2026). In an unsigned opinion, the court held that it couldn’t determine whether the plaintiff suffered a
We’ve been following the stories of the State of Washington’s recent adoption of a tax on income in excess of one million dollars per year. There’s lots of talk about this income tax violating the State Constitution, also. We’re not
For the past couple of days, we’ve been in Denver, attending the 2026 Rocky Mountain Land Use Institute at Denver Law School. The program is pretty wide-ranging. Everything from very land-usey topics like state-local delegation, zoning, and takings, and broader
Here’s the latest in a case we’ve been following closely. (We won’t be commenting much, because it is one of ours.)
In The Coalition for Fairness in Soho and Noho, Inc. v. City of New York, No. 112
It is time to bid farewell to the Year 2025, and our mind wanders back over the last 364 days in an attempt to ascribe meaning, a theme — a vibe — to the year that was.
Scientists tell
It appears that the U.S. Court of Appeals for the Eleventh Circuit has addressed the issue the U.S. Supreme Court sidestepped recently in DeVillier v. Texas, 601 U.S. 285 (2024): do you need Congress’s ok to sue for just
