October 2007

Out of the most insignificant situations can come the most significant legal decisions. 

It is being reported that the government has asked SCOTUS to review the Sixth Circuit decision in Pagan v. Fruchey,No. 04-4414 (6th Cir. June 29, 2007), which held that the First Amendment prohibitsthe government from outlawing a “for sale” sign on cars parked on apublic street:

The issue started in July 2003 when Pagan put a “for sale” sign inthe window of his car on East Sharon Avenue, only to be threatened witha $250 fine or jail time by Glendale police, which was under GlendalePolice Chief Matthew Fruchey’s leadership at the time.

Theappeals court ruled 8-7 in June that evidence submitted by Glendale ata district court hearing last year was not sufficient, and thusrejected the village’s ordinance that prohibits “for sale” signs invehicles parked on public streets.

Village officials told Paganthe sign was commercial speech, which…

Continue Reading ▪ Cert. Petition Filed in “For Sale” Sign on Cars on Public Property Case

The US Supreme Court has denied review to MiPro Homes, L.L.C. v. Mount Laurel Township (No. 06-1345) (docket listing here).  The question the Court was asked to review was:

Whetherthe Takings Clause of the Fifth Amendment to the Constitution prohibitsa municipality from taking private property for “public use” when themunicipality’s public use determination is ad hoc, pretextual, and notpart of a comprehensive planning process.

A summary of the case, including the petition and the decisions of the New Jersey courts is posted here.

Also denied was McNamara v. City of Rittman (No. 06-1481) (docket listing here), a petition asking the court to reconsider the ruling in Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985), which requires a property owner to utilize available state compensation remedies prior to suing in federal court for a regulatory taking or inverse condemnation.  The Sixth Circuit’s decision Continue Reading ▪ Post-Kelo Cert. Petition (MiPro) Denied