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Local Ordinance Takings Clause

Frost Brown Todd

Short-Term Rental Bans Are Back in the Takings Spotlight

Frost Brown Todd on

The U. S. District Court for the North District of Illinois recently enjoined the Village of Glen Ellyn from enforcing its short-term rental ban. The court granted a request for a temporary restraining order, which...more

(ACOEL) | American College of Environmental...

Can Standing Trees Be Taken?

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the...more

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

McManis Faulkner

Hazard Pay During COVID-19: New Laws For Essential Workers

McManis Faulkner on

This article follows an earlier article on hazard pay.... Hazard pay legislation is expanding nationwide at all levels of government.  The growth in calls for hazard pay is the result of a shift in perception of the types of...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Nossaman LLP

Update on COVID-19 Takings Cases

Nossaman LLP on

As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Nossaman LLP

New Opinion Clarifies Takings Law Regarding Affordable Housing Programs

Nossaman LLP on

Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such...more

Stoel Rives - Environmental Law Blog

Alameda Fracking Ban: All Bark with No Bite

On July 19, 2016, Alameda County, California (“County”) became the first county in the Bay Area to approve a ban on hydraulic fracturing (or “fracking”). The County Board of Supervisors unanimously approved the ban through...more

Best Best & Krieger LLP

A Brief Legal Guide for Local Public Officials in Responding to Terrorist Attacks

Best Best & Krieger LLP on

There are just some legal matters that should not be put off — and sorting out the legal authority local public officials have in responding to a terrorist attack is one such matter. Once the attack is already underway, it’s...more

Perkins Coie

Federal Court Invalidates San Francisco Tenant Relocation Requirements

Perkins Coie on

The Northern District of California has struck down part of San Francisco’s rent control ordinance as an unconstitutional taking under the Fifth Amendment in Levin v. City and County of San Francisco, Dist. Court, ND...more

BakerHostetler

“Frac Free Denton” Faces Legal Fight

BakerHostetler on

On November 4, 2014, Denton, Texas, became the first Texas city to vote to ban fracking within city limits, as covered by Reuters, the Star-Telegram, and The Wall Street Journal. The ballot initiative, which passed with just...more

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