Last month, a petition for writ of certiorari was filed with the U.S. Supreme Court, asking the Court to revisit a 30-year-old doctrine that makes it difficult for private landowners to bring inverse condemnation and regulatory takings claims.
Continue Reading Cert Petition Asks U.S. Supreme Court to Reconsider Williamson County Doctrine
Disparate Impact Liability Survives U.S. Supreme Court Review
In a 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court upheld the use of disparate impact analysis in Fair Housing Act claims.
Continue Reading Disparate Impact Liability Survives U.S. Supreme Court Review
California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
Last week, in a case with national significance for multifamily housing developers, housing advocates, and local governments, the California Supreme Court upheld the City of San Jose’s inclusionary housing ordinance.
Continue Reading California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
Regulating signs in a content neutral manner satisfying First Amendment limitations may become more difficult for local governments following today’s U.S. Supreme Court decision in Reed v. Town of Gilbert. In today’s opinion, all nine Supreme Court justices agreed that the Town of Gilbert, Arizona’s sign code failed the First Amendment’s content neutrality requirement, although the justices came to that conclusion in different ways.
Continue Reading U.S. Supreme Court Deals Significant Setback for Local Governments in Sign Case
As U.S. Supreme Court Decides One Sign Case, Cert Petition Gets Filed In Another
As the outcome of Reed v. Town of Gilbert hangs in the balance, another case challenging a local sign code has been filed with the Supreme Court. This week, the plaintiff in Central Radio Company, Inc. v. City of Norfolk filed a petition for writ of certiorari seeking review of the Fourth Circuit Court of