Week 13 - RT

Question 1

You need a _____ _______ at the administrative level before you are allowed to go to court and fight about it.

Answer 1

final decision

Question 2

You need a final decision at the _______ ______ before you are allowed to go to court and fight about it.

Answer 2

administrative level

Question 3

You need a final decision at the administrative level before you are allowed to go to _______ and fight about it.

Answer 3

court

Question 4

You must get a _____ ______ at the administrative level.

Answer 4

final decision

Question 5

You must get a final decision at the _________ _______.

Answer 5

administrative level

Question 6

Williamson County: At what point in the proceedings can it be said that the government’s action is “final” so that an analysis can be made on whether such action “____ ____ _____?”

Answer 6

goes too far

Question 7

Williamson County after you have your final decision at the administrative level you can go to court but you have to go to state court first BUT that was overruled by _______.

Answer 7

Knick

Question 8

You need a final decision at the administrative level before you go to court. What case?

Answer 8

Williamson County

Question 9

1985 case: _____ ______

Answer 9

Williamson County

Question 10

Knick overruled the second part that you had to go to state court first. Actually, you don’t have to go to state court first, if you want to go straight to federal court then you can do that but still you must get the ______ ______ at the _______ ________ handled first before you go to any court.

Answer 10

final decision

administrative level

Question 11

The state litigation requirement of Williamson Co. is overruled.

Answer 11

Knick

Question 12

A property owner has an actionable 5th Amendment takings claim when the government takes his property without paying for it, and therefore may bring his claim in federal court under 42 U.S.C. 1983 at that time.

What case?

Answer 12

Knick

Question 13

The 1st requirement of ________ is intact. ______ did not overrule the requirement that you need a final decision at an administrative level before going to court.

Answer 13

Williamson

Knick

Question 14

______ ______: An affirmative defense barring the same parties from litigating a second lawsuit on the same claim, or any other claim arising from the same transaction.

Answer 14

Res Judicata

Question 15

_______ ________: A doctrine barring a party from relitigating an issue determined against that party in an earlier action.

Answer 15

Collateral Estoppel

Question 16

Res judicata _____ _____.

Answer 16

claim preclusion.

Question 17

Collateral estoppel ______ _____.

Answer 17

issue preclusion

Question 18

You are not guaranteed _____ _____ at the ______ in the forum of your choice.

Answer 18

two bites
apple

Question 19

You are not guaranteed two bites at the apple in the forum of your choice.

What does this mean?

Answer 19

If you have gone to state court on an inverse condemnation claim and they have denied whether or not a taking has occurred based on state law, you cannot then go to federal court on a regulatory takings claim to see if a regulatory taking has occurred because it is the same thing.

Question 20

Example: You are a kid, and you want ice cream, and you go to mom, and she says no you can’t have ice cream we haven’t had dinner. You don’t like that answer so you go to dad and dad says sure no problem and now mom is mad, but you are eating ice cream. San Remo doesn’t want you to ask mom state courts and didn’t like what they said, so you decided to ask dad federal courts.

What does this refer to?

Answer 20

you are not guaranteed two bites at the apple in the forum of your choice.

Question 21

First English: When a regulation is found to have gone too far, i.e., found to cause a taking of private property, merely invalidating the regulation is not a sufficient remedy to meet the demands of _____ ______ _____.

Answer 21

Just Compensation Clause

Question 22

_____ _____: When a regulation is found to have gone too far, i.e., found to cause a taking of private property, merely invalidating the regulation is not a sufficient remedy to meet the demands of the Just Compensation Clause.

Answer 22

First English

Question 23

First English: When a ________ is found to have gone too far, i.e., found to cause a ______ of _______ _______, merely invalidating the regulation is not a sufficient remedy to meet the demands of Just Compensation Clause.

Answer 23

regulation

taking of private property

Question 24

First English: When a regulation is found to have _____ ____ _____, i.e., found to cause a taking of private property, merely invalidating the regulation is not a sufficient remedy to meet the demands of Just Compensation Clause.

Answer 24

gone too far

Question 25

First English: When a regulation is found to have gone to far, i.e., found to cause a taking of private property, _______ ________ the regulation is not a _______ _______ to meet the demands of Just Compensation Clause.

Answer 25

merely invalidating

sufficient remedy

Question 26

First English: Where the ________ ______ have already worked a taking, no subsequent action by the government can relieve it of the duty to provide compensation for the period during which the taking was effective, i.e., payment for the temporary taking.

Answer 26

government’s activities

Question 27

First English: Where the government’s activities have already worked a taking, no ______ ________ by the government can relieve it of the duty to provide compensation for the period during which the taking was effective, i.e., payment for the temporary taking.

Answer 27

subsequent action

Question 28

First English: Where the government’s activities have already worked a taking, no subsequent action by the _______ can relieve it of the duty to _______ _______ for the period during which the taking was effective, i.e., payment for the temporary taking.

Answer 28

government

provide compensation

Question 29

First English: Where the government’s activities have already worked a taking, no subsequent action by the government can relieve it of the duty to provide compensation for the ______ during which the ______ was effective, i.e., payment for the temporary taking.

Answer 29

period

taking

Question 30

First English: Where the government’s activities have already worked a taking, no subsequent action by the government can relieve it of the duty to provide compensation for the period during which the taking was effective, i.e., ______ for the _______ _______.

Answer 30

payment

temporary taking

Question 31

Procedural Options When Administrative Relief is Denied:
1. ?
2.
()
()
()
()

Answer 31

1. Get a final decision at the administrative level (i.e., get a variance from the Board of Zoning Appeals for example) Williamson County

Question 32

Procedural Options When Administrative Relief is Denied:
1.
2. ?
()
()
()
()

Answer 32

Go to court

Question 33

Procedural Options When Administrative Relief is Denied:
1.
2. Go to court
() ?
()
()
()

Answer 33

Complain about the denial of the variance (standards not applied; findings do not relate back to the facts) (State Court); or

Question 34

Procedural Options When Administrative Relief is Denied:
1.
2.
()
() ?
()
()

Answer 34

Due Process Argument: Ordinance is arbitrary or unreasonable (Euclid) (State Court);

Question 35

Procedural Options When Administrative Relief is Denied:
1.
2.
()
()
() ?
()

Answer 35

Inverse Condemnation (Takings) (State Court); or

Question 36

Procedural Options When Administrative Relief is Denied:
1.
2.
()
()
()
() ?

Answer 36

Go to Federal Court (pursuant to Knick)