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22 Feb 2016, 4:57 pm
” 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]
9 Dec 2015, 3:59 pm
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]
30 Nov 2015, 3:54 pm
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]
15 Jun 2015, 5:11 pm
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
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 Jun 2015, 2:00 pm
X had a protected interest in anonymity: In particular, a grand jury may not compel testimony from an individual who holds a valid “constitutional, common-law, or statutory privilege,” id., because compliance in such a scenario would be “unreasonable or oppressive” for the purposes of Rule 17(c). [read post]
18 Jan 2015, 11:06 am
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
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]
8 Dec 2014, 10:08 am
Under the Constitutions of the United States and California, the Powells filed an action for just compensation from the County. [read post]
7 Dec 2014, 10:09 am
Therefore, a City’s approval of a density bonus application does not constitute a “project” under CEQA. [read post]
7 Dec 2014, 9:59 am
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]
17 Jul 2014, 7:06 am
The court in that case held that, "deprivation to the wife of the husband's companionship, affection and sexual relation (or consortium...) constitutes a real injury to the marital relationship and one which should be compensable at law due to the negligence of another. [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]
19 Jan 2014, 2:16 pm
The court noted that "[p]ublic allegations that someone is involved in crime generally are speech on a matter of public concern" and "even consumer complaints of non-criminal conduct by a business can constitute matters of public concern." [read post]
3 Nov 2013, 8:05 pm
Today lawbloggers are remembering him by writing Blawg Reviews. [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]
10 May 2012, 6:28 am
While these types of deeds are rarely a good idea because of the tax and basis considerations, many have not considered the additional risk due to the creditors of co-owners who do not live in the home or qualify for the second type of homestead (the constitutional protection from creditors) The same scenario applies to those who try to use a traditional life estate deed to avoid probate [read post]
19 Dec 2011, 12:35 am
So help me God.” So, I guess she hasn’t sworn to uphold the Constitution in general.) 2. [read post]
2 Oct 2011, 7:41 pm
And then there’s the way of the censorious, self-absorbed, ass who really doesn’t have much respect for core Constitutional values: the subject of the parody can run all butthurt to a lawyer and demand that the lawyer write thuggish threats to the parodist. [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]
