Monthly Archives: December 2023

In December 2023, the American Law Institute announced that OCA Honorary Member Amy Brigham Boulris would be one of several  newly elected members. In its’ announcement, ALI stated that it was “pleased to welcome these exceptional individuals to the Institute.” Amy Brigham Boulris is a veteran property rights litigator who exclusively represents landowners in eminent domain, takings, development exactions, Harris Act, and civil rights contexts. Highly experienced at both the trial and appellate levels, Amy joined Gunster in 2012, after more than two decades of extensive practice with the nationally renowned property rights boutique, Brigham Moore. She has continued her distinguished litigation practice over the past decade at Gunster, while also serving as a landowner advocate in high-stakes land use dispute resolution contexts. Congratulations Amy!

Can a governmental body avoid paying an inverse condemnation damage judgment by simply refusing to do so on the basis of a state constitutional provision prohibiting seizure of state assets to satisfy money judgments? That is what the Sewerage & Water Board of New Orleans attempted to do when faced with having to pay property owners over $10 million on various judgments, but specifically in one test case over $1.5 million in damages and associated attorney fees and costs, all stemming from the adverse impacts of an urban drainage project on private homes and church property. Fortunately, OCA Member Randy Smith was able to convince the Court of Appeals Fourth Circuit to overturn this travesty of justice. Issuing a comprehensive opinion in Watson Memorial Spiritual Temple of Christ v. Sewerage & Water Board of New Orleans, the court ruled on December 13th that the payment of an inverse condemnation judgment is a ministerial duty and not a discretionary one. Although not yet final due to the possibility of the State Supreme Court hearing the case, for now this is a great result for property owners in Louisiana.

Owners’ Counsel of America is saddened to announce that Gideon Kanner, a fierce defender of property rights, who helped to found the California Academy of Appellate Lawyers, has died at the age of 93. While a complete list of Gideon’s professional accomplishments are too extensive to chronicle here, below are but a few highlights from his extraordinary career. After 10 years as a rocket engineer, followed by a stellar private eminent domain and appellate practice, in 1974 Gideon became a full-time Professor at Loyola Law School in Los Angeles, where he taught property, land use, eminent domain, and advanced appellate advocacy. Over the span of his lengthy career, Gideon acted as counsel for parties and amici curiae in numerous high profile eminent domain and takings cases. His oratory skills were legendary, with many regarding him as one of the finest appellate advocates to come before the California Supreme Court and U.S.Supreme Court.  As a professor, Gideon taught his students with the same passion that he exhibited whilst delivering the National Law Update at the ALI-CLE Eminent Domain Conference, and writing about developing takings law in his monthly periodical, Just Compensation. Other Gideon writings have appeared in numerous law journals and the general press, including the Wall Street Journal, the Los Angeles Times, and the National Law Journal. For more information about Gideon and his professional achievements read this article recently published in Robert Thomas’ Inverse Condemnation Blog.