Search for: "Eastern Enterprises v. Apfel" Results 1 - 20 of 25
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
6 Mar 2009, 12:44 pm
  The Illinois Supreme Court held that the regulation was a tax, and not subject to takings analysis.The Mountain States Legal Foundation's brief argues the Court should review the case to resolve the confusion created by Eastern Enterprises, Inc. v. [read post]
24 Dec 2012, 12:01 am by Robert Thomas (inversecondemnation.com)
The District also argues that even if it was an exaction, it was "a mere obligation to spend money" on off-site mitigation, and under Eastern Enterprises v. [read post]
26 Jun 2013, 1:39 pm by Eduardo Penalver
 One avenue, which 5 justices seemed to embrace in Eastern Enterprises v. [read post]
9 Apr 2012, 4:54 pm by David Bernstein
And then there’s his lone opinion in Eastern Enterprises v. [read post]
17 Aug 2012, 2:52 pm by Robert Thomas (inversecondemnation.com)
Whether the Ninth Circuit erred in holding, contrary to the decisions of five other Circuit Courts of Appeals, that a party may not raise the Takings Clause as a defense to a "direct transfer of funds mandated by the Government," Eastern Enterprises v. [read post]
We're not sure the Sixth Circuit needed to go through this analysis (although the opinion's discussion of the plurality opinions in Eastern Enterprises v. [read post]
19 May 2010, 9:12 am by Katrina Kuh
Substantive due process -- Both the transparent targeting of BP and retroactivity might support an argument that the legislation is arbitrary and violates due process (essentially the takings argument, but absent the property hook, see Justice Kennedy's concurrence in Eastern Enterprises v. [read post]
20 Nov 2012, 11:33 am by Robert Thomas (inversecondemnation.com)
Whether the Ninth Circuit erred in holding, contrary to the decisions of five other Circuit Courts of Appeals, that a party may not raise the Takings Clause as a defense to a "direct transfer of funds mandated by the Government," Eastern Enterprises v. [read post]
22 Jun 2010, 11:56 am by Eduardo Penalver
After all, in Eastern Enterprises v. [read post]
1 Jul 2013, 11:53 am by Tejinder Singh
” The dissent explains that under the Court’s prior decision in Eastern Enterprises v. [read post]
11 Jun 2013, 2:00 pm by Robert Thomas (inversecondemnation.com)
  The Court ended the opinion by holding that that under the rationale of the plurality opinion in Eastern Enterprises v. [read post]