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25 May 2023, 11:00 pm
In simple terms, the government cannot take your land and then decide later what to do with it without running afoul of the Takings Clause of the Fifth Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment.Absent “urban blight,” or other exceptions which weren’t present here, the AD4 annulled the Town’s efforts to acquire the Mall property and awarded the owner its fees and costs.Not that’s a… [read post]
8 Jan 2015, 7:05 am by Marie-Andree Weiss
The current Rules and Regulations of the National Parks already states that “[v]isitors [which] are engaged in filming/photography intended for their personal use and enjoyment” are “generally” not required to have a permit. [read post]
4 Oct 2009, 10:06 am by Silverberg Zalantis LLP
” Examining the claim for a violation of substantive due process the court addressed the application of 42 USC 1983 in the context of land use disputes: “"In the land use context, 42 USC § 1983 protects against municipal actions that violate a property owner's rights to due process, equal protection of the laws and just compensation for the taking of property under the Fifth and Fourteenth Amendments to the United States Constitution"… [read post]
4 Oct 2009, 10:06 am by Silverberg Zalantis LLP
” Examining the claim for a violation of substantive due process the court addressed the application of 42 USC 1983 in the context of land use disputes: “"In the land use context, 42 USC § 1983 protects against municipal actions that violate a property owner's rights to due process, equal protection of the laws and just compensation for the taking of property under the Fifth and Fourteenth Amendments to the United States Constitution"… [read post]
10 Apr 2014, 7:13 pm by Maureen Johnston
The petition of the day is: Native Wholesale Supply Company v. [read post]
13 Jun 2012, 11:06 am by Kate Fort
§ 1331 because the action arose under the laws of the United States including: the Administrative Procedure Act (“APA”), 5 U.S.C. [read post]
22 Oct 2014, 4:00 am by Howard Friedman
Yesterday, the New York Court of Appeals-- the state's highest court-- heard oral arguments in Matter of Maetreum of Cybele, Magna Mater, Inc. v McCoy. [read post]
4 Jun 2023, 6:30 am by Guest Blogger
Detroit is a city known for its history of racial segregation, industrialization and de-industrialization, and the school desegregation battle that led to the Supreme Court striking down a multi-district school desegregation plan in Milliken v. [read post]
6 Nov 2008, 1:17 pm
[www.narf.org]State Courts: This week, we feature a case relating to child support in Cypress v. [read post]