SCOTUS eminent domain case concerning “undivided fee rule” scheduled for conference

The Respondent’s brief in opposition and Petitioner’s reply in support of the Petition for Writ of Certiorari in the Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010), have been filed with the U.S. Supreme Court. The matter has been distributed and is calendared for conference on June 17, 2010. (SCOTUS Docket No 09-1204.)

To recap the cert petition was filed with the Court in April and requested the Court’s review of a Wisconsin eminent domain case in which the application of the “undivided fee rule” (also referred to as the “unit rule”) resulted in the award of $0 as “just compensation” for a valuable long term leasehold interest owned by the VFW Post 2874. See our previous posts here.

The petition challenges the rule’s constitutionality, arguing that its application in this case deprived the VFW of a valuable leasehold interest in violation of the Constitutional guarantee of just compensation as set forth in the Fifth and Fourteenth Amendments. (Disclosure: The petition was filed on behalf of the VFW by Michael Berger and Gideon Kanner of Manatt, Phelps and Phillips in Los Angeles. Both Mr. Berger and Prof. Kanner are OCA Members.)

Links to all briefs submitted to the Court are available on OCA Hawaii Member Robert Thomas‘s blog here.

More after the Court convenes for conference June 17.

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