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“Perpetual” Storm Protection???

by: Joseph Grather
14 Aug 2023
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms.  It was almost a right of passage.  That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More

Sandy Dunes Still Creating Property Rights Disputes

by: Joseph Grather
31 Jul 2023
Earlier this year, several oceanfront property owners in Toms River sued their homeowner’s association and the municipality because they were precluded from building a “dune walkover.”  The dunes are those that were funded after the devastation to the Jersey Shore caused by Hurricane Sandy in 2012.  The project was designed by the Army Corps of... Read More

Oklahoma! (Childers v. Arrowood)

by: Joseph Grather
29 Jun 2023
“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

by: Joseph Grather
26 Jun 2023
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

by: Joseph Grather
16 Jun 2023
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)

by: Joseph Grather
12 Jun 2023
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

by: Joseph Grather
6 Jun 2023
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

by: Joseph Grather
25 May 2023
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

by: Joseph Grather
12 May 2023
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

by: Joseph Grather
27 Apr 2023
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