Tag: Supreme Court

Posted on Apr 25, 2013 in News & Events

Today, the Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Marvin M. Brandt Revocable Trust v. United States (12-1173) urging the United States Supreme Court to review a Tenth Circuit Court of Appeals decision in United States v. Brandt, 2012 WL 3935613 (C.A.10 (Wyo.)) which erroneously found that the federal government retained an “implied reversionary interest” in railroad rights of way granted under an 1875 Congressional Act.

Posted on Apr 16, 2013 in News & Events

The University of Chicago Press and the Law and Courts Section of the American Political Science Association has published the inaugural volume of the new Journal of Law and Courts (JLC). The JLC is an interdisciplinary, peer-reviewed journal covering a wide-range of topics devoted to the examination of legal institutions, actors, processes and policy.

Posted on Nov 29, 2012 in News & Events

The Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Koontz v. St. Johns River Water Management District, No. 11-1447 (cert. granted October 5, 2012) urging the United States Supreme Court to reverse a Florida Supreme Court decision which found that the local government agency need not comply with two landmark U.S. Supreme Court property rights decisions when demanding money or other “exactions” in return for granting property owners permission to develop their land.

Posted on Oct 3, 2012 in News & Events

Oral arguments have just begun in the Supreme Court case Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012). The case concerns the temporary flooding by the Army Corps of Engineers (ACOE) of property owned by the State of Arkansas Game & Fish Commission (AGFC) and subsequent damage to the trees existing on the flooded land.

Posted on Jul 10, 2012 in News & Events

Last week the Owners’ Counsel of America filed an amicus curiae brief in support of the property owner in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted April 2, 2012) urging the United States Supreme Court to reverse a decision by a Federal Circuit Court which erroneously found that the federal government’s recurrent flooding did not constitute a compensable taking of private property simply because of its temporary nature.

Posted on Apr 30, 2012 in News & Events

This morning the Supreme Court issued its order listing, among other things, the cases which the court has decided it will or will not grant certiorari. Of those to be denied review is the eminent domain case of River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012) in which the constitutional guarantee of “just compensation” is at issue.

Posted on Mar 28, 2012 in News & Events

The state has filed its Brief in Opposition to the property owner’s Petition for Certiorari in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). This case involves one of the largest condemnations of private property in the history of New York City – the taking of the unused development rights of an entire city block located in the neighborhood of the Lincoln Center for the Performing Arts.

Posted on Mar 5, 2012 in News & Events

Two other amicus briefs have been filed in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012). [Disclosure: Owners’ Counsel has also filed an amicus brief in support of the petitioner, see our previous post here.]

Posted on Feb 29, 2012 in News & Events

Owners’ Counsel of America recently filed an amicus brief (embedded below) in support of the property owners in River Center LLC v.Dormitory Auth. of the State of New York (11-922) urging the United States Supreme Court to grant review and correct the eminent domain decision by the Appellate Division of the New York Supreme Court.

Posted on Jul 18, 2011 in News & Events

On July 14, 2011, our colleagues* at Damon Key Leong Kupchak Hastert in Honolulu, Hawaii filed a cert petition (see below) asking the U.S. Supreme Court to review the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136 (Haw. 2010)