Tag Archives: Takings Clause

10th Circuit rules man not due compensation after police blew up his house

October 31, 2019 Leave a comment

In this June 5, 2015 photo, Leo Lech stands on a pile of wood in his neighbors yard that overlooks the back of his home in Greenwood Village, Colo. A federal appeals court says police don't have to pay for the damage done to a suburban Denver home they rendered uninhabitable during a 19-hour standoff with an armed robbery suspect. The Lech family sued Greenwood Village police after the 2015 ordeal, claiming the damage amounted to a taking of their property, entitling them to fair compensation. (Kathryn Scott Osler/The Denver Post via AP)

When they were finished, it looked as though the Greenwood Village, Colorado, police had blasted rockets through the house.

Tagged with: "police power" armed shoplifter colorado eminent domain Leo Lech Takings Clause

Court overturns $45M award to landfill firm in Harford Co. dispute

August 13, 2019 Leave a comment

The Court of Appeals builiding in Annapolis. MF-D 9/20/04.

A Maryland appeals court has overturned a $45 million jury award to a company that has battled Harford County for nearly 30 years over the right to use its property as a rubble landfill. The state’s intermediate court ruled that ...

Tagged with: harford county just compensation Maryland Reclamation Associates rubble landfill statute of limitations Takings Clause

Developer loses constitutional challenge to MoCo zoning change

December 3, 2018 Leave a comment

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

Montgomery County did not violate a developer’s constitutional rights by adopting a water system amendment to a master zoning plan, changes that devalued the planned development, a federal appeals court ruled last week. In its reported 3-0 decision, the 4th ...

Tagged with: drinking water due process environmental protection equal protection land use Takings Clause watershed zoning

Federal judge upholds Md.’s bump-stock ban

November 19, 2018 Leave a comment

FILE - In this Feb. 1, 2013, file photo, an employee of North Raleigh Guns demonstrates how a "bump" stock works at the Raleigh, N.C., shop. The gunman who unleashed hundreds of rounds of gunfire on a crowd of concertgoers in Las Vegas on Monday, Oct. 2, 2017, attached what is called a "bump-stock" to two of his weapons, in effect converting semiautomatic firearms into fully automatic ones. (AP Photo/Allen Breed, File)

Maryland’s recently enacted ban on attachments that enable guns to fire more rapidly will remain in effect after a federal judge last week rejected arguments from gun-rights advocates that the law is unconstitutional. Citing a mass slaying at an outdoor ...

Tagged with: bump stocks due process gun rights Maryland Shall Issue Takings Clause

Frosh moves to dismiss bump-stock challenge, cites Las Vegas massacre

October 2, 2018 Leave a comment

Maryland Attorney General Brian Frosh. (File)

Maryland’s ban on bump stocks went into effect Monday as the legal battle over the gun law’s constitutionality has shown no sign of slowing down in U.S. District Court in Baltimore.

Tagged with: bump stocks due process gun rights Maryland Shall Issue Takings Clause

Justices decline challenge to Md. county’s development-impact fees

October 1, 2018 Leave a comment

The issue before the high court confronts the justices with a question they have yet to answer directly: Whether partisan gerrymandering can violate the First Amendment rights of minority voters in a congressional district. (File Photo)

The U.S. Supreme Court on Monday declined to hear an Anne Arundel County property owner’s argument the county’s statutory assessment of development-impact fees on people who build homes on their land is a taking of property for which the Constitution requires they be justly compensated.

Tagged with: Anne Arundel County development impact fee fifth amendment Supreme Court Takings Clause

Judge rejects bid to block Md. bump-stock ban from taking effect

September 14, 2018 Leave a comment

Maryland’s recently enacted ban on attachments that enable guns to fire more rapidly will go into effect as scheduled Oct. 1 after a federal judge Friday rejected a bid from gun-rights advocates to block enforcement of the law while its constitutionality remains in litigation.

Tagged with: bump stocks due process gun rights Maryland Shall Issue Takings Clause

Owner challenging Anne Arundel Co. fee makes final plea to Supreme Court

August 28, 2018 Leave a comment

In this Oct. 10, 2017 photo, the Supreme Court in Washington is seen at sunset. The Supreme Court is being asked to take a case about whether eye drops are too big. Don’t roll your eyes. Major players in American’s medicine cabinets are now asking the high court to take the case. On the other side are patients using the companies’ drops to treat glaucoma and other conditions. They say wasted medication affects their wallets. They argue they should be able to sue. Drug companies, however, say the patients’ argument is based on speculation and a bottle that doesn’t exist. (AP Photo/J. Scott Applewhite)

In a final plea that the U.S. Supreme Court hear his appeal, an Anne Arundel County property owner argued the county’s statutory assessment of development-impact fees on people who build homes on their land is a taking of property for which the Constitution requires they be justly compensated.

Tagged with: Anne Arundel County development impact fee fifth amendment Supreme Court Takings Clause

Anne Arundel Co. defends impact fee amid Supreme Court challenge

August 10, 2018 Leave a comment

In this Feb. 13, 2016 file photo, the Supreme Court building is seen Washington.(AP Photo/Jon Elswick, File)

Anne Arundel County is urging the U.S. Supreme Court to let stand a decision upholding the constitutionality of the county’s statutory assessment of development-impact fees on people who build homes on their land.

Tagged with: Anne Arundel County development impact fee fifth amendment Takings Clause

Md. county’s development-impact fee faces Supreme Court challenge

July 17, 2018 Leave a comment

FILE - In this April 4, 2017, file photo, the Supreme Court Building is seen in Washington. In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political. A dispute over Wisconsin’s Republican-drawn boundaries for the state legislature offers Democrats some hope of cutting into GOP electoral majorities across the United States.(AP Photo/J. Scott Applewhite, File)

An Anne Arundel County property owner is urging the U.S. Supreme Court to strike down as unconstitutional the county’s statutory assessment of development-impact fees on people who build homes on their land.

Tagged with: Anne Arundel County development impact fee fifth amendment Takings Clause

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