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Oklahoma! (Childers v. Arrowood)
“Where the wind comes sweepin’ down the plain….” Wait, nope, that’s for another blog. Another strange takings case from our Owners Counsel of America colleague Robert Thomas, as reported in his Inverse Condemnation Blog (God only knows how he finds these cases!) This one comes from the Oklahoma Supreme Court and involves the taking of... Read More
Sunday Thoughts on Jury Selection
20th Century Fox. It’s a rainy Sunday here in Morristown three days removed from completing my second live jury trial post-Covid. Glad to say the jury rendered a verdict in favor of the property owners. I should say former property owners because it was a condemnation valuation trial. That means the jury was called on... Read More
Tejas Motel v City of Mesquite – Fifth Circuit Court of Appeals
2023-3-22 Tejas-Motel-L-L-C-v-City-of-Mesquite-No-22-10321-5th-Cir Catching up on some recent takings cases (after watching Jury Duty for a week. LOL). The Fifth Circuit determined that a property owner could not “relitigate a takings claim in federal court that was previously dismissed in state court.” Full text of opinion above. The owner operated a small motel in the City... Read More
Jury Duty – Hillgrove v. Morris (Comic Interlude)
Official trailer – Amazon Prime TV. It’s Sunday, wrapping up trial preparation for a bench trial tomorrow, and wanted to take a brief detour from our regularly scheduled programming. I watched the entire season of Jury Duty (the show) this past week and finished it last night. Oh my god, it is must-see TV, especially... Read More
Sackett et ux v Environmental Protection Agency
Sackett et ux (“and wife”) versus Environmental Protection Agency. Classic David v. Goliath matchup. Good thing the property owner couple had the Pacific Legal Foundation on their side. PLF scored two wins on the same day at the High Court – unprecedented? I don’t know, but rare air no doubt. The Sacketts purchased property near... Read More
Demarest v. Underhill – Cert. Petition
Having visited Underhill, Vermont dozens of times, I had to quickly post notice of the recent petition for certiorari filed by our Owners Counsel of America colleague, Michael Berger, on behalf of the property owner. 2023-5-23 demarest-cert-petition. (The Town literally sits “under” Mount Mansfield – Vermont’s tallest peak). The owner’s petition is asking the Supreme... Read More
Federal Courts Signal Return to In Person Court Proceedings
Another sign that the COVID-19 / SARS-2 pandemic is over – Reuters reported yesterday that the federal judiciary would be ending its remote access mandates come September 2023. I clearly remember when it started, the signs pasted on retail business doors – CLOSED – Will Re-open in Two Weeks. That was March 20, 2020. Over... Read More
Can The Government “Keep The Change”? Tax Foreclosure Likely Taking Where It Keeps the Profits
The Supreme Court heard arguments yesterday in Tyler v. Hennepin County. Full analysis of the arguments can be found on SCOTUSBLOG. It doesn’t appear that the Justices were persuaded by the government’s position that it was entitled to keep the $25,000 in excess funds received after selling Ms. Tyler’s house for payment of back taxes. ... Read More
JP Morgan Chase CEO Suggests Eminent Domain to Fuel Green Infrastructure Investment
Jamie Dimon, Chairman and CEO of JP Morgan Chase issued his annual shareholders’ letter a few days ago. The letter is akin to a “state of the Union” address, while focusing on JP Morgan Chase’s successes of the prior year, as follows: “2022 was somewhat surprisingly another strong year for JPMorgan Chase, with the firm... Read More
“A Word of Many, Too Many Meanings….” Supreme Court Opinion Alert
“Jurisdiction, this Court has observed, is a word of many, too many, meanings.” Wilkins v United States (Slip op. March 28, 2023). Well, whatever the word means, the 12-year limitations period contained in the Quiet Title Act (28 U.S.C. Sec. 2409a) is not a bar to a federal Court’s jurisdiction. Wilkins and neighbor Stanton live... Read More
