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25 Nov 2010, 7:04 am by Timothy P. Flynn
The freedom to yearn for a simpler time when there weren't so many constitutional amendments. [read post]
26 Mar 2011, 9:04 pm
Florida's Constitution severely restricts a judgment creditor's ability to place a lien on, and force the sale of the homestead property. [read post]
18 Jan 2015, 11:06 am by Alex DeGood
Here’s the continuing message from the courts to public agencies demanding money or land from developers: There must be a strong connection between your exaction and the impacts of a project or else the exaction violates the Constitution. [read post]
18 Jan 2015, 11:06 am by Alex DeGood
Here’s the continuing message from the courts to public agencies demanding money or land from developers: There must be a strong connection between your exaction and the impacts of a project or else the exaction violates the Constitution. [read post]
3 Nov 2013, 8:05 pm by Ken White
Today lawbloggers are remembering him by writing Blawg Reviews. [read post]
9 Dec 2015, 3:59 pm by R. Clark Morrison
Because the courts have determined that DAs are “contracts”, cities are using DAs to exact “public benefits” that the United States Constitution prevents them from requiring through the permit process. [read post]
13 Mar 2011, 5:13 pm
Atlantic Beach, Neptune Beach and Jacksonville Beach homeowners may know that the Florida Homestead Protection mandated by the Florida Constitution, is afforded to many residents. [read post]
7 Dec 2014, 9:59 am by Lisa Patricio
Judge Lavan concluded that he was not bound by previous federal court decisions that upheld the City’s regulatory scheme because Lamar challenged the ban under the free speech provisions of the California Constitution, which are broader than those protected under the United States Constitution. [read post]
4 May 2013, 7:23 am
Courts also establish asset protection through their interpretation of provisions of the constitution, statutes, and common law. [read post]
22 Feb 2016, 4:57 pm by Tim Paone
” In 1999, in a less noted property rights decision involving a Section 1983 Civil Rights Act claim alleging a regulatory taking, Justice Scalia wrote a concurring opinion to form a 5-4 majority to, among other things, affirm a landowner’s right to have a jury determine whether the landowner had been denied a constitutional right and, if so, the amount of damages incurred. [read post]
15 Jun 2015, 5:11 pm by Tim Paone
In rendering this decision, the Court has provided public agencies and developers alike with additional guidance on how far a California agency may go in regulating land development before its actions will be considered an exaction subject to the constitutional limitations of “nexus” and “rough proportionality. [read post]
15 Jun 2015, 5:11 pm by Tim Paone and Kenneth Bley
In rendering this decision, the Court has provided public agencies and developers alike with additional guidance on how far a California agency may go in regulating land development before its actions will be considered an exaction subject to the constitutional limitations of “nexus” and “rough proportionality. [read post]
8 Dec 2014, 10:08 am by Scott Birkey
Under the Constitutions of the United States and California, the Powells filed an action for just compensation from the County. [read post]
9 Feb 2010, 4:49 am by Timothy P. Flynn
The Supreme Court's decision will be greatly anticipated by both opponents and proponents of the right to bear arms set forth in the Second Amendment to the United States Constitution. [read post]
7 Dec 2014, 10:09 am by David Waite and Andrew Fogg
Therefore, a City’s approval of a density bonus application does not constitute a “project” under CEQA. [read post]
28 Nov 2010, 5:30 am by Timothy P. Flynn, Esq.
Constitution, when Attorney Lawrence Kaluzny did not challenge a ruling by the trial court that limited the testimony of Seaman's expert on "battered spouse syndrome".  [read post]
26 Nov 2010, 8:39 am by Timothy P. Flynn
Constitution, when Attorney Lawrence Kaluzny did not challenge a ruling by the trial court that limited the testimony of Seaman's expert on "battered spouse syndrome".  [read post]
  Environmental groups argued that the BAU methodology constitutes a hypothetical baseline such that actual existing emissions are not compared to the likely emissions of a project. [read post]
7 Jul 2011, 8:32 am
In light of the repeal by Congress, there is no reason to keep a stay in place, commented Erwin Chemerinsky, a constitutional scholar. [read post]
10 Jun 2014, 2:32 pm
Florida's constitution protects the rights of minor children through homestead laws, which prohibit the head of the household from leaving his or her residence to anyone other than a spouse or minor child. [read post]