Beating up on a little ol' landowning lady

Article Abstract:

The US Supreme Court's decision on regulatory takings in the 1997 Suitum case failed to provide justice since it merely pushed the aging plaintiff back into more litigation. The decision held the landowner's case was ripe, but did not address the Lake Tahoe planning agency's plan to issue transferable development rights (TDRs) as justification for taking the property and avoiding liability. The TDRs, according to the agency, defeated the takings claim, despite the eroded value of the plaintiff's property. This issue should have been the center of any truly fair decision, but the Court did not consider it.

United States

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An outrageous saga of municipal lawlessness

Article Abstract:

The Florida Court of Appeal issued a ruling which violated the constitution with Pompano Beach v. Yardarm Restaurant, Inc. The case started when the owners of the Yardarm, a Florida waterfront restuarant, wanted to build an 18-story hotel and the neighbors whose ocean view would be obstructed cxomplained. The city and the US Army Corps of Engineers obstructed and resisted suits by the restaurant for so long that eventually it went into bankruptcy and the property into foreclosure. The court of appeal then gave arguments such as the statute of limitations why an inverse condemnation suit was not possible.

Florida, Land use, Ordinances, Municipal, Municipal ordinances

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