Tag Archives: Takings Clause

While We Are Waiting On Chevron

The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases … Continue Reading

Sixth Circuit Addresses Res Judicata of Takings Claim in Airport Expansion Case

The Sixth Circuit in State ex rel. Boggs v. City of Cleveland provides some interesting guidance on the application of res judicata in the public takings context. Plaintiffs, owners of property near the Cleveland airport, originally brought suit in 2002 to compel the City to initiate appropriation proceedings because the level and frequency of flights … Continue Reading

Improper Fines From Red Light Cameras Do Not Violate The Takings Clause – But They May Violate The Ohio Constitution

The Sixth Circuit has given red light cameras a rare victory in Ohio.  Ballot initiatives against traffic cameras have consistently won across Ohio in past years, from Cincinnati to Chillicothe, and most recently in Garfield Heights.  Next, an Ohio appellate court found that Cleveland could not use its red light cameras against drivers that leased … Continue Reading