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More Novel Takings Cases Arising from Novel Coronavirus
As States allow businesses to slowly re-open, some business owners intend to assert “takings” claims for the lost business caused by the State Order closures. A barber in Sarasota Florida has retained counsel to file suit against the State. According to the plaintiff’s lawyer, “The government took his property because they took the economic value... Read More
Oregon Shutdown Order: Vacated and Reinstated in One Day
Another State’s Executive Orders – this time in Oregon – rode a judicial seesaw yesterday. Earlier in the day, Baker County Circuit Court Judge Matt Shirtcliff issued an opinion and preliminary injunction which declared that all of Oregon Governor Kate Brown’s Executive Orders were “null and void”, and therefore enjoined enforcement of several orders entered... Read More
Hamptons’ Beach House Rental Market Frenzied, While Jersey Shore Owners Left Out in the Cold
The New York Times reports that there is a “feeding frenzy” for Hamptons seasonal beach house rentals. Contrast that with the chilling effect of Governor Murphy’s executive Order barring short-term rentals found in our recent “I Can’t Rent My Beach House! blog. Hard to predict if the restrictions on short-term rentals – to be decided... Read More
LANDLORDS ASSEMBLE… TO BATTLE RENT CONTROL ORDINANCES!
This week’s COVID-19 related hot topic: landlord’s assembling to fight rent control measures in New Jersey. Montclair Township and Union City both recently passed ordinances to implement rent control measures leading to the pending matters. Montclair Rent Control Ordinance In Montclair, a number of landlords joined together as the Montclair Property Owner’s Association (“Montclair Assoc.”... Read More
NJ’s Latest Shutdown Challenge – Gun Clubs Try to Force Reopening
An association of gun clubs filed New Jersey’s latest challenge to Governor Murphy’s shutdown orders this week in U.S. District Court, asserting that their gun and rifle ranges should be permitted to reopen. The lawsuit, filed on May 12, seeks injunctive relief, requesting that the Court order the “immediate reopening” of their facilities, which have... Read More
Charleston County (SC) Sues Town Over COVID-19 Check Points Barring Public Access to Beaches
Similar to the case between government entities that resulted in a “stay at home order” being struck down by the Wisconsin Supreme Court (blogged here), Charleston County recently sued the Town of Folly Beach, South Carolina because the Town was denying access to public beaches. The barrier island municipality had set up road blocks that... Read More
More COVID-19 Takings Claims – Professional Beauty Federation Sues California
I’m not keeping a running tally, but the list of suits challenging broad executive “shutdown” orders grows daily. Everyone who has gone without a haircut for the last 60+ days (including yours truly) are rooting for the licensed beauticians to succeed! The full text of the complaint is found here. The gist of the takings’... Read More
Wisconsin Supreme Court: No Need to Stay at Home Any More!
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country. The 4-3 decision was lauded by local Republicans and small business owners as... Read More
Shipyard Associates Wins Big Against Hoboken
Hoboken zoning ordinances have recently taken center stage in a landmark legal battle that has significant implications for urban development in this vibrant New Jersey City. The case of Shipyard Associates v. Hoboken highlights the critical role that zoning regulations play in shaping the landscape of our urban areas and the delicate balance between development... Read More
Priest Files Shutdown Challenge – Is Governor Thinking About the Bill of Rights Now?
Last week we wrote about the first known challenge to Governor Murphy’s Executive Order shutting down the State in an attempt to slow the spread of COVID-19. The plaintiff there alleged the Order resulted in a taking of his beach house because it prohibits seasonal beach rentals and, as a result, he was required to... Read More
