Articles

Takings law is here to stay

August 16, 2013 | By BRIAN HODGES

The Supreme Court of Washington issued an opinion in Lemire v. Washington Department of Ecology yesterday, upholding an Ecology order that requires rancher Joe Lemire to install livestock exclusion fencing around a portion of his ranch that borders a creek.  This is a disappointing outcome for Lemire, who may now be required to block off … ...

Articles

Are state courts serious about federalism?

November 14, 2012 | By BRIAN HODGES

Yesterday I attended the oral argument for Lemire v. Washington Department of Ecology at the Washington Supreme Court. The primary question the Court must resolve in that case is whether Ecology committed a taking when it ordered cattle rancher Joseph Lemire to install livestock exclusion fencing around a creek that runs through his property. The ...

Articles

Update : Washington Supreme Court accepts certification in important takings case

August 02, 2012 | By BRIAN HODGES

A few days ago, I wrote about Lemire v. Washington Department of Ecology and the exciting possibility that the Supreme Court of Washington might accept the Court of Appeals’ invitation to hear the case.  Well, it didn’t take long for the Supreme Court to act.  The Court accepted certification today, meaning it will decide the … ...

Articles

Will the Supreme Court of Washington finally take on takings law?

July 30, 2012 | By BRIAN HODGES

Today, Division III of the Washington Court of Appeals issued an “Order of Certification” in a case called Lemire v. Washington Department of Ecology.  An Order of Certification means the Court of Appeals believes that the legal issues in the case are so important that the Washington Supreme Court should decide the case, bypassing Cour ...