Articles

Weekly litigation report — July 29, 2017

July 29, 2017 | By JAMES BURLING

Did the government err in going after John Duarte? In Duarte Nursery v. Army Corps of Engineers, we filed a motion to dismiss the Army Corps’ Clean Water Act counterclaim against Duarte Nursery and its president, John Duarte, for lack of federal court subject matter jurisdiction. This is the case where the government is accusing … ...

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Victory for Nashville property owners and guests

October 21, 2016 | By CALEB TROTTER

In an important victory for economic liberty and property rights, today, a judge in Nashville, Tennessee agreed that the Nashville Metro Council’s regulations of short-term rentals are unconstitutional. Among other things, the ordinance banned any form of advertising short-term rentals with signage on the property, and capped the number of n ...

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Nashville's unconstitutional efforts to limit short-term rentals

July 08, 2016 | By CALEB TROTTER

With the rise of websites like Airbnb and VRBO, short-term rentals dramatically increase the opportunities for property-owners to supplement their income and retain flexibility with their homes. Unfortunately, last year, Nashville passed two ordinances that unconstitutionally regulate and restrict the ability of property-owners to rent their prope ...

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Recent threats to the First Amendment and short-term rentals

June 30, 2016 | By CALEB TROTTER

It should come as no surprise that governments struggle to regulate the disruptive nature of the “sharing economy.” Lately, this struggle has resulted in increasingly burdensome regulations on property owners renting their property short-term, and on the websites like Airbnb and VRBO that provide a platform to list those properties for ...