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New Jersey Supreme Court limits application of blight designation in ongoing national debate over eminent domain

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 22 2007

In a potential blow to municipalities seeking to redevelop "underutilized" properties, the New Jersey Supreme Court has held that a municipality's designation of a property as blighted and subject to the municipality's power of eminent domain based solely upon a finding that the property is not being utilized in a fully productive manner (i.e., "not fully productive use"), without producing evidence that the condition was due to conditions of title or diversity of ownership, is invalid

D.C. Court of Appeals affirms dismissal of relator's complaint in ruling on a matter of first impression

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 29 2011

The U.S. Court of Appeals for the District of Columbia in United States ex rel. Batiste v. SLM Corporation, Civil Action No. 10-7140 (D.C. Cir. Nov. 4, 2011) affirmed the dismissal of a relator’s complaint based on an application of the first-filed provision of the FCA

RLUIPA claim of home Bible study plaintiffs dismissed

  • Holland & Knight LLP
  • -
  • USA
  • -
  • July 17 2012

In Salman v. City of Phoenix, Case No. CV 12-1219-PHX-JAT, 2012 WL 2261118 (D. Ariz. June 15, 2012), the court dismissed, based on the doctrine of res judicata and the Rooker-Feldman doctrine, the plaintiffs’ RLUIPA and Arizona Freedom of Religious Exercise Act (RFRA) claims related to their multiple convictions for holding weekly Bible studies on their property in violation of the zoning code

Spot-zoning and regulatory takings: developer succeeds in California Court of Appeal - Avenida San Juan Partnership v. City of San Clemente

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • March 7 2012

Court judgments finding a regulatory taking are relatively rare

Churches and property: understanding the land use component of the Religious Land Use and Institutionalized Persons Act (RLUIPA)

  • Miller Starr Regalia
  • -
  • USA
  • -
  • October 4 2011

Land use entitlements in California are affected by countless regulations, enactments, and policies

DC Circuit, applying Supreme Court's decision in Safeco to False Claims Act, finds lack of "reckless disregard" in FCA allegations based on ambiguous government requirements

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • July 9 2008

In a decision issued yesterday, the US Court of Appeals for the DC Circuit affirmed the dismissal of FCA allegations that were premised on what the court found to be ambiguous requirements in mortgage notes that were the basis of Federal claims, relying on the Supreme Court's decision in Safeco and specifically applying that case to define "reckless disregard" under the False Claims Act

Fifth Circuit upholds FCC's Shot Clocktower siting ruling

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 23 2012

Today, the U.S

PA court confirms County must pay compensation of Board of View

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • May 11 2012

The Commonwealth Court of PA recently ruled that the County and not the parties must pay the compensation of a Board of View in an eminent domain case

Allegheny County update: Judge Wettick issues timetables for completion of the countywide reassessment for Pittsburgh and Pittsburgh public schools

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 16 2011

Judge Wettick recently handed down four court orders establishing timetables for completion of the reassessment of all properties in the Pittsburgh Public Schools' jurisdiction

Upholding rights and freedoms, both traditional and novel

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • July 19 2011

Yesterday was Bastille Day