Recent Workshops

A Seminar on Defending Regulatory Takings Claims

Presented by the New Jersey State League of Municipalities and the
New Jersey Institute of Municipal Attorneys.

February 22, 2001
8:30 A.M. to 1:00 P.M.
Holiday Inn, Jamesburg, New Jersey

This seminar brings to New Jersey two exceptionally talented and experienced attorneys, Douglas T. Kendall and Timothy J. Dowling, who specialize in assisting local governments in the defense of takings claims and who have participated in the presentation of Amicus Curiae briefs before the US Supreme Court on regulatory takings issues.

Each registrant will receive a copy of the Takings Litigation Handbook: Defending Takings Challenges to Land Use Regulations by Douglas T. Kendall and Timothy J. Dowling. (A $75 value, 404pp. May 2000).

Douglas T. Kendall is founder and Executive Director of Community Rights Counsel (CRC), a non-profit law firm that represents local governments in takings challenges to land-use laws and other community protections. Doug also is an adjunct professor at the University of Virginia Graduate Planning Program, where he teaches a course in legal issues in planning. His writings on takings and land-use law have appeared in many publications, including the Virginia Law Review, the Zoning and Planning Law Handbook, the Virginia Environmental Law Journal, and the Boston College Environmental Affairs Law Journal. His commentary has appeared in dozens of newspapers across the country. Doug received his undergraduate and law degrees from the University of Virginia.

Timothy J. Dowling is CRC’s Chief Counsel. Before joining CRC in 1998, Tim served in the Environment and Natural Resources Division of the U.S. Department of Justice, where he helped draft amicus briefs in several Supreme Court takings cases. In 1995, he shared the Attorney General's "John Marshall Award for Outstanding Legal Achievement" for his role in formulating the Department's position on federal takings legislation. Prior to his public service, Tim practiced law at the Washington, D.C., law firm of Hogan & Hartson. He received his law degree in 1982 from Georgetown University Law Center, where he was an editor of the Georgetown Law Journal, and his undergraduate degree from the University of Notre Dame. He speaks and publishes regularly on takings and land-use issues.

Kristina Hadinger
President, NJ Institute of Municipal Attorneys
Partner, Mason, Griffin & Pierson
Princeton, New Jersey

Moderator:

William John Kearns, Jr.
General Counsel, NJ State League of Municipalities
Partner, Kearns, Vassallo, Guest & Kearns Willingboro, NJ

Doug Kendall: Introduction, Overview, and Themes in Takings Litigation

1. The Good News and Bad News About Takings Cases
2. Litigation Themes: Narrow Text and Original Meaning;
   Respect for Our Federal System;
   Judicial Deference to Policymaking Branches;
   Fiscal Impact;
   Government as Guardian of Property Right
3. Insurance Coverage

Tim Dowling: Ripeness, Choice of Forum, and Other Procedural Issues

1. Finality Ripeness under Williamson County (including a discussion of Palazzolo v. Rhode Island (U.S. S.Ct. 2001)
2. Choice of Forum under Williamson County and How it Intersects with Res Judicata, Abstention, and the Rooker-Feldman Doctrine
3. Jury Trials under Del Monte Dunes

Break

Tim Dowling: Substantive Defenses

1. The Parcel-as-a-Whole Rule
2. The Per Se Rule and Background-Principles Defense under Lucas (including a discussion of Palazzolo)
3. The Penn Central Multifactor Takings

Doug Kendall: Dedications and Impact Fees under Dolan and Nollan

Doug Kendall and Tim Dowling: Hot Topics

1. More on Palazzolo v. Rhode Island (U.S. S.Ct.2001)
2. Recent developments in New Jersey takings jurisprudence
3. Update on federal and state takings legislation

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