Supreme Court

Billboard pepsi

Billboards, Big Money, and (Political) Blight

Planners typically pay attention to the Supreme Court when a Fifth Amendment case, like Kelo v. New London, comes along. The recent McCutcheon decision is a case in which the court could have paid attention to planners.

April 20, 2014 - Josh Stephens

Supreme Court Delivers Blow to Rails-to-Trails

The Supreme Court ruled in favor of a private land owner in Wyoming, who sued to reclaim land once granted to a railroad under an 1875 law. The ruling undermines the legality of the nation’s network of public trails built on former rail right-of-way.

March 11, 2014 - SCOTUS Blog

Supreme Court of the United States

U.S. Supremes Tighten the Screws on Exactions

The Supreme Court's ruling Tuesday in the Koontz case could have a chilling effect on all negotiations between government agencies and developers, says Bill Fulton. Are Alito and Kagan on the same planet?

June 26, 2013 - California Planning & Development Report

Court Ruling Means UK Cities May Need to Ban Cars

The UK's supreme court ruled this week that the government has failed to live up to its legal obligation to curb air pollution, in breach of an EU air quality directive.

May 2, 2013 - The Guardian

Supreme Court of the United States

New Takings Case Argued Before the Supreme Court

William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.

January 24, 2013 - California Planning & Development Report

Light at End of Tunnel for Southern States' Water Fight

The tri-state fight over water in Alabama, Georgia and Florida is still raging, but some believe a negotiated settlement is not far off. However, there is potential for the fight to go all the way to the Supreme Court.

September 21, 2010 - The Economist

Packing The Court -- With City-Dwellers

If Elena Kagan is confirmed, not only will the Supreme Court get its third sitting woman. It will also get its second woman New Yorker. Bill Fulton considers the importance of the urban experience in jurisprudence.

May 11, 2010 - California Planning & Development Report

New London, Four Years After Kelo

The 2005 Supreme Court decision on Kelo v. New London was a landmark in eminent domain law, paving the way for Pfizer to develop there. Four years later, Pfizer is pulling up stakes.

November 13, 2009 - The Hartford Courant

Sorting Out Sonia Sotomayor

According to the Washington Post, 62% of Americans think Sonia Sotomayor should be confirmed for the U.S Supreme Court because she is “about right” ideologically. The question is, how good will she be for municipal attorneys?

July 17, 2009 - Dwight Merriam

Supreme Court Nominee's Eminent Domain Experience

Back in 2006, Supreme Court nominee Sonia Sotomayor had a role in a controversial eminent domain ruling. Reason magazine takes a look at the decision and what it might mean for property rights if she's confirmed to the Court.

July 3, 2009 - Reason

Why Kelo is not a blank check

Last week marked the third anniversary of the Supreme Court’s ruling in Kelo v. New London. The first time I read Kelo, I thought what many Americans probably thought: that any government could seize property for any reason, so long as it compensated prior owners. But after having taught Kelo to law students several times over the past few years, I now realize that Kelo is much more complex. Kelo was a 5-4 decision, and Justice Anthony Kennedy wrote a separate concurrence. Because Justice Kennedy was the “swing vote”, his decision predicts future Court decisionmaking more accurately than the Court’s primary opinion, because a taking which fails to satisfy Kennedy might not be able to get five votes in the Supreme Court.

July 4, 2008 - Michael Lewyn

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