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Real Estate & Property Law
: Law of the LandWI Appeals Court Finds Enforcement of an Ordinance Later Found to be Unconstitutional Does Not, Without a Showing of Causation, create an Actionable Takings Claim
By Patricia Salkin
Full post as published by Law of the Land on May 15, 2012 (boomark / email).
Cause of Action: Negligence (premises liability, building codes)
From: House of Imports v. Wright, COA, NPO, 2/4/2011 To establish an actionable negligence claim, a plaintiff must establish the existence of a duty, breach of that duty, causation, and damages...
8th Cir: No Rooker-Feldman, But San Remo Hotel Precludes Federal Takings Claim
In Edwards v. City of Jonesboro, No. 10-2405 (July 14, 2011), the U.S. Court of Appeals for the Eighth Circuit held that a takings claim brought in federal court after the property owner prevailed on the same claim in state...
New Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim
Today, we filed an amicus brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for...
Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim
In a notable case worth following, the Hawaii Intermediate Court of Appeals is considering a new appeal involving whether a per se regulatory takings claim is ripe under Williamson County Regional Planning Comm'n v...
Court reminds Ithaca police: Noise ordinance silencing Christian speech still unconstitutional
. . . city police officers told Jim Deferio that he couldn?t share his faith at Ithaca Commons, even after showing the officers a court order prohibiting them from enforcing an unconstitutional ?noise? ordinance.
Reply Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim
Here's the Reply Brief filed last month by the property owner in Leone v. County of Maui, No.29696,an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim...
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