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The Public Trust Doctrine in New York. A Park Is Not A Park Unless It’s Not.

  In 2015, New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to… read more

Posted in Condemnation, Parkland, Public Trust Doctrine, Uncategorized
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We Don’t Need No Stinking Facts: The Incredible Misinformation of the Media, Eviction at Sheikh Jarrah

Hamas, an Islamist group that seized control of the Gaza Strip in 2007, has launched 1500 rockets into Israel so far.  The flash point for this violence is a simple land dispute in East Jerusalem.   The East Jerusalem neighborhood of Sheikh Jarrah was the location of the eviction of several Palestinian families following a ruling from Jerusalem’s District Court.  The families were represented by counsel.  An appeal has been taken to Israel’s Supreme Court.  But before the appeal can be heard, Palestinian Arabs have rioted nightly with violent eruptions… read more

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When A Park Just Isn’t A Park

We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County.  The family-owned business operates four hardware stores across Long Island.  The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium. Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land. The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. … read more

Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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Texas Bullet Train Gains Federal Approval

The high-speed train that promises to transport passengers between Dallas and Houston in 90 minutes has been approved by the Federal Railroad Administration according to Texas Central Railroad, the company in charge of the project.   The U.S. Department of Transportation’s Federal Railroad Administration issued the two key rulings, which provide the regulatory framework and the environmental review for the high-speed train, that Texas official were waiting on to move forward with the project, according to the company.  The announcement was first reported by the Houston Chronicle.   Texas Central… read more

Posted in Bullet Train, Consequential Damages, Uncategorized
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Lawsuit Seeking Compensation for Mandatory Store Closures – Who’s Going to Pay for My Loss?

Illinois’ attorney general asked a federal judge Monday to dismiss a lawsuit alleging Gov. J.B. Pritzker’s executive orders closing nonessential businesses and workplaces are unconstitutional. A group of Chicagoland business owners argued the governor’s COVID-19 restrictions amount to the confiscation of private property without monetary compensation.  Such an action would violate the U.S. and Illinois constitutions, they say. Those orders “caused the seizure of property, business interests and livelihoods of individuals across the state, forcing indefinite closures and the layoff of hundreds of thousands of people,” according to the group’s… read more

Posted in Pandemic, Police Power, Takings, Uncategorized
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