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Showing posts with label real property. Show all posts
Showing posts with label real property. Show all posts
Thursday, September 15, 2022

Land dispute implicates 'second element of second path of second stage' of anti-SLAPP analysis, and we're all supposed to pretend the world's better for it

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The Supreme Judicial Court studies its anti-SLAPP framework. Argonne National Laboratory CC BY-NC-SA 2.0 via Flickr Anti-SLAPP analysis in ...
Monday, July 25, 2022

Families retain common law rights over loved ones' remains when a church sells a graveyard, court holds

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Photo by Bicanski via Pixnio Principles of common law trust give families a say over the disposition of their loved ones' remains when...
Wednesday, August 11, 2021

'What is truth?': 8th Circuit wrangles over ag gag

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The Eighth Circuit reached mixed outcomes yesterday in First Amendment review of the Iowa "ag gag" law, upholding a criminal proh...
Monday, May 17, 2021

Posh Londoners poo poo peekaboo performance art

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"Rear Window" by Anthony O'Neil, CC BY-SA 2.0 Residents who live opposite the Tate Modern , an art museum in London on the s...

Statute of repose fells tort claim dressed in contract

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A farm house in Glocester, R.I. ( Flickr by Peter Rintels CC BY-ND 2.0 ) Immersed in grading perdition in recent weeks, I fell behind in ...
Tuesday, March 2, 2021

Covid-era eviction elicits ancient injunction plea

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Clameur de Haro was invoked to block the burial of William the Conqueror in 1087. Image from Amable Tastu, La Normandie Historique (1858). ...
Thursday, February 6, 2020

Falmouth takings case affords opportunity to plan for sea-level rise, if officials take notice, scholars write

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In September, I wrote about a Massachusetts takings case pending petition for review to the U.S. Supreme Court. The Court denied review, s...
Saturday, September 21, 2019

Takings are out of control; whither went democracy?

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My colleague Prof. Ralph Clifford is cited and quoted in this item from the Pacific Legal Foundation . The PLF opined with disapproval up...
Friday, July 27, 2018

Nuisance rule for trees rooted in history, reaffirmed by Mass. high court

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In an opinion suitable for textbooks, the Massachusetts Supreme Judicial Court reaffirmed the rule of nuisance that neighbor may not sue ne...