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9 Jan, 2008 10:55 am
... " test. Now the fallout from Lingle from the Ninth Circuit makes it clear that the test survives to form the basis for 14th Amendment substantive due process challenges to
land use regulations. However, the ultimate viability of such claims remains to be seen. Crown Point Development, Inc. v. City of Sun Valley (9th Cir. 2007) 506 F.3d 851
affirms the theoretical existence of substantive due process claims in a land use ...
9 Jan, 2008 10:55 am
... " test. Now the fallout from Lingle from the Ninth Circuit makes it clear that the test survives to form the basis for 14th Amendment substantive due process challenges to
land use regulations. However, the ultimate viability of such claims remains to be seen. Crown Point Development, Inc. v. City of Sun Valley (9th Cir. 2007) 506 F.3d 851
affirms the theoretical existence of substantive due process claims in a land use ...
18 Feb, 2008 5:25 am
... __, 2007 WL 4178946, rehearing denied (1/9/2008). LeJeune Brothers, Inc. ("LeJeune"), the property owner, claimed that the Goodrich Petroleum Company, L.L.C. (" ... new
owners of the land because there was no specific conveyance of it in the instrument of sale." Id. a *7 (citing Hazelwood , 844 So.2d 380; May v. Texaco, Inc., 73 ...
25/01), 788 So.2d 1173. The Third Circuit found that the tortious conduct ended in 1987 when the well site was plugged and abandoned. The Third Circuit explained that "[w]hen ...
25 Jul, 2008 12:30 pm
Leon Brinston v. Koppers Industries, Inc., No. A-07-CA-902-SS (W.D. Tex. Jan. 31, 2008). I am Leon I speak for the trees For ... It all started way back, such a long time ago. In
the Village of Texas in the Land of America, there was a beautiful, sunny forest where the Swomee-Swans sang, the Humming-Fish hummed ... ba-loots, the Humming-Fish, and the
Swomee-Swans. This was long, long ago. To this day, the end of the saga of Leon and the Truffula Trees remains a mystery. But the teachings of the Complaint ...
26 Jun, 2008 6:49 pm
... that his statement that "there's nothing going on with us" was accurate, since, at that point, the relationship had ended. To quote the now-infamous defense of President
Clinton: "It depends on what the meaning of the word 'is' is. If the -- if he -- ... verb? So the Ninth Circuit held . . . [the excitement builds] . . . that "is" is indeed a present
tense verb, so the covered lands are only those held at the time. In essence, that Clinton was correct. Indeed, the majority held that "is" is only ...
2 Jul, 2008 6:36 am
... "[a]bsent unusual circumstances, a sale of real property is an effective way for a public body to end its inappropriate endorsement of religion." Freedom from Religion
Found., Inc. v. City of Marshfield, 203 F.3d 487, 491 (7th Cir. ... municipal park with monument of Ten Commandments). The Seventh Circuit properly applied the principle that
once publicly-owned land is transferred to a private party, government action ceases, and the Establishment Clause violation necessarily goes with it. Marshfield ...
16 Mar 5:00 am
... , L.P. and KPI Properties, Inc., decided last Wednesday. There, the Dallas Central Appraisal District had asserted that certain improvements at the Addison Airport
constructed by private parties, or "tenants," on land those parties had leased from ... paragraph in each of the ground leases, the Court of Appeals held that the tenants were
the owners of the improvements until the end of the ground leases, making those improvements taxable during the lease terms. The Court's analysis of the ownership ...
11 Nov 11:54 am
... property, right? Right? Well . . . . Now, four years after that decision gave Susette Kelo's land to private developers for a project including a hotel and offices intended
to enhance Pfizer Inc.'s nearby corporate facility, the pharmaceutical giant has ... their homes, the city and the state spent some $78 million to bulldoze private property for
high-end condos and other "desirable" elements. Instead, the wrecked and condemned neighborhood still stands vacant, without ...
20 Jan 4:40 pm
... page 34 of the slip opinion, with a good short summary of regulatory takings law, and the various situations when the regulation of land will be deemed to have gone "too far"
and requires the payment of just compensation. See slip op. at 34-39. Footnote ... due process].) (I recently wrote about the substantially-advance-as-due-process issue in this
article.) The court struggled with what to do with Landgate, Inc. v. California Coastal Comm'n, 17 Cal. 4th 1006, 73 Cal. Rptr. 841 (1998), the case ...
16 Sep, 2007 9:28 pm
REVENUE CABINET V. VERIZON SOUTH, INC. REVENUE AND TAXATION: Assessments and notice of excess tax CIVIL PROCEDURE: Amended pleadings and relation back2004-SC-000519 ... that
Appellee owed more than $370,000 in sales taxes for 2-year period ending in late 2003. Dept and Appellee both agreed that the notice of deficiency deadline under ... this issue
(based solely on testimony of Appellee's auditor that the letter did not land in his hands until October 27th) while TC found a lack of substantial evidence ...
9 Oct 8:36 am
... now to step back from self interest and let the common interest prevail." Tensions were already running high at the end of week one of the meetings as 180 countries met in
Bangkok, Thailand at the United Nations Framework Convention on Climate Change (UNFCCC) ... transfer and capacity building. He said they also reached agreement on technical issues such
as forests and land use, how to assess the global warming potentials of new greenhouse gases and the number of options for strengthening the Kyoto ...
26 Jan, 2008 5:40 am
As we covered here, the First, in Nasar Jewelers, Inc. v. City of Concord, 2008 WL 162521 (C.A. 1 N.H. 1/18/2008), said that the city could ban flashing electronic signs. Law of
the Land Comments and posts some briefs. Just in case you think a judge hates you, think about how bad a judge would have to be in Virginia to get the courts to reverse on a
"failure to recuse" theory. Judge Charles D ...
31 Mar 1:53 pm
... on the usual story about bankruptcy claims trading. LandAmerica had a subsidiary called LandAmerica 1031 Exchange Services, Inc., which would hold the cash earned from a real
estate sale until it could be exchanged for reinvestment in property ... can be a legitimate financial tool. Creditors get a certain, upfront cash payment rather than an uncertain
payment at the end of a lengthy bankruptcy case. The purchaser of the claim can use its expertise and the power that comes from aggregating a bunch ...
25 Sep, 2006 9:27 pm
... scheme in which they registered numerous similar domains such as www.lnadsend.com, www.landsende.com, and www.landsennd.com. When a customer attempted to access the official
Lands' End website but accidentally typed the name of one of defendants' websites into a web browser, the browser would ... their venture." Hence, the district court
granted the defendants' summary judgment motion based on the false advertising claim. Lands' End, Inc. v. Remy, et al., 2006 WL 2521321 (W.D. Wis., Sept. 1, 2006).
6 Sep, 2006 8:22 am
... their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the
Anticybersquatting Consumer Protection Act, ... faith. After all, the defendants argued, their scheme had sent visitors to the Lands' End site, not diverted them away. The
court rejected the defendants' argument ... question of bad faith should ultimately be left up to the finder of fact. Lands' End, Inc. v. Remy, --- F.Supp.2d ----,
2006 WL 2521321 (W ...
2 Aug, 2007 4:57 am
... " and therefore a proper specimen of use for the mark VALPRO for tools for power operated metal cutting machines. In re Valenite Inc., Serial No. 76482852 (July 31, 2007)
[precedential]. Reamer Applicant Valenite relied on Lands' End Inc. v. Manbeck, 24 USPQ2d 1314 (E.D. Va. 1992) and In re Dell Inc., 71 USPQ2d 1725 (TTAB
2004) in arguing that the webpage is a display associated with the goods (Rule 2.56(b)(1)). The Examining Attorney maintained ...
6 Nov, 2008 11:00 am
... 30, 2008) [not precedential]. Examining Attorney Michael G. Lewis maintained that, under Lands' End Inc. v. Manbeck 24 USPQ2d 1314 (E.D. Va. 1992) and In re
Dell, Inc., 71 USPQ2d 1725 (TTAB 2004), a webpage may be an acceptable specimen for a product if it (1 ... The Board was not persuaded. "[C]ontrary to applicant's arguments, the
picture of the goods in the catalog in Lands' End and the display of the product at the website in Dell were important factors in the holdings in those cases ...
16 Jan, 2008 4:50 am
... importance, although they may be. I leave that for the reader to decide. Bose Corp. v. Hexawave, Inc., Opposition No. 91157315 (November 6, 2007) [not precedential]. Opposer
Bose lost ... Board's plate and into the trash can. (TTABlogged here). In re Valenite Inc., 84 USPQ2d 1346 (TTAB 2007) [precedential]. In view of the "prevalence of online
retailing" ... mark VALPRO for tools for power operated metal cutting machines. Applicant relied on Lands' End Inc. v. Manbeck, 24 USPQ2d 1314 (E.D. Va. 1992) ...
19 Mar, 2007 1:25 pm
... but required Kelly to own the land outright, unencumbered by the builder, so that the lender could perfect a first priority lien on the land. To that end, a
deed from the builder to Kelley was executed prior to the construction's completion. Because of the bifurcated nature of the ... use this link: New York State Division of Tax Appeals
and Tax Appeals Tribunal --------------------------- Our thanks to Marc Lawrence and our other friends at AMERICAN LAND SERVICES, INC., for flagging this decision.
2 Oct 4:08 am
... opposed to dismissal without prejudice, have res judicata effect?) 09-0085 DICK'S LAST RESORT OF THE WEST END, INC., DICK'S LAST RESORT OF DALLAS, INC ... ,
purchase option) 09-0484 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. AND BELINDA YBARRA v. SUE ANN STINSON; from Harris County; 14th
district ... vacatur discussed) 09-0546 SALLY DOE v. TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. AND TEXAS ASSOCIATIONOF SCHOOL BOARDS RISK MANAGEMENT FUND; from Denton County; 2nd
...
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