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Well, that didn’t take long: as we surmised back when the CDC first issued its order halting residential evictions until the end of the year due to COVID (see “How Can? U.S. DHS: National Eviction Moratorium (Roscoe Filburn Could Not Be Reached For Comment),” the order has resulted in a complaint in the U.S. District Court for the Northern District of Georgia that alleges the order is unconstitutional. No takings claim (not the…
As if to respond to a sibling federal court’s recent order upholding a covid-reaction shut down orders, the U.S. District Court for the Western District of Pennsylvania’s opinion in County of Butler v. Wolf, No.2:20-cv-00677 (Sep. 14, 2020) reaches an entirely different conclusion: The fact is that the lockdowns imposed across the United States in early 2020 in response to the COVID-19 pandemic are unprecedented in the history of our Commonwealth and our Country.…
The District Court’s bottom line in Lukes Catering Service, LLC v. Cuomo, No. 20-CV-1086 (Sep. 10, 2020)? The New York governor’s emergency orders aimed at coronavirus “imposing quarantines, mandating workforce reductions, closing schools, requiring face-coverings, and restricting activities of all types,” are not takings of the businesses of event, banquet, and catering services that have been shut down as a result. The specific emergency measure challenged was the order limiting gatherings to no more…
If you are available at 9:30 a.m. Eastern Time today (Wednesday, September 9, 2020), tune in to the Michigan Supreme Court’s YouTube channel and watch and listen live as the court hears arguments in a case challenging the governor’s exercise of emergency powers to respond to the covid epidemic. The case started in U.S. District Court, but that court certified what it thought were dispositive questions of state law to the Michigan Supreme Court, which…
Please join us and a panel of expert speakers including our friend and colleague Tony Della Pelle (see the flyer for the complete list), this Thursday, September 10, 2020 at 1pm Eastern Time for the ABA-produced webinar “Governmental Emergency Powers and the Constitutional Implications Arising from Pandemic Orders.” Free to ABA members, a modest cost for those who are not. Register here. Here’s the plan: In the wake of the unprecedented…
In Hawaii we employ a phrase, “how can?” as a shorthand response when you’re wondering how something can be. It’s easy, short, and more efficient than saying “I’m sorry, I don’t understand how you think you can do this.” Thus, “how can?” was our first response when the U.S. Department of Health and Human Services’ recently-released agency order establishing a covid response nationwide residential eviction moratorium crossed our desk yesterday. By why authority does the…
Here, the ruling of the Massachusetts Superior Court (Suffolk County) in Matorin v. Commonwealth of Massachusetts, No. 2084CV01334 (Aug. 26, 2020). The short story is that the court denied the plaintiffs’ motion for a preliminary injunction on the grounds that they were not likely to succeed on the merits of their as-applied regulatory takings challenge to the Commonwealth’s series of moratoria on residential evictions. The moratoria allow the property owners to recover possession after…
Here’s the Virginia Supreme Court’s order (over vociferous dissents) extending a ban on state courts issuing writs of eviction and processing unlawful detainer (eviction) proceedings: “Effective August 10,2020, and through September 7,2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued. However, this suspension and continuation shall not apply to writs of eviction in unlawful detainer actions that are unrelated to the failure…
Like a lot of other jurisdictions, Hawaii’s emergency response statutes contain an “automatic termination” limitation on the governor’s or a mayor’s declaration of emergency: A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. Haw. Rev. Stat. § 127A-14(d).…
Here’s the latest order in one of the various challenges to coronavirus-related shut down orders. (See here, here, here, here and here, for example.) In Xponential Fitness v. Arizona, No. CV-20-01310 (July 14, 2020) (unpub.), the U.S. District Court for the District of Arizona denied preliminary relief in a case which sought an injunction against the Arizona governor’s orders. The complaint including a takings claim among others (contracts clause, due…