Short Circuit 151 | Lifetime Leases and Butterflies on Walls
We don’t recommend converting apartments into condos in San Francisco. But if you do, it might be hard to bring a takings claim, as we find out why from a recent denial of en banc review in the Ninth Circuit. Meanwhile, the question at the D.C. Circuit is whether butterflies mix with walls. Specifically, The Wall. Turns out, the National Butterfly Center is an open field, so the Fourth Amendment doesn’t have much of a butterfly effect. But the butterflies do have a due process claim, at least for butterfly procedures. Also, next week stay tuned for our election law extravaganza.
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Pakdel v. City and County of San Francisco, https://cdn.ca9.uscourts.gov/datastore/opinions/2020/10/13/17-17504.pdf
National American Butterfly Association, https://www.cadc.uscourts.gov/internet/opinions.nsf/0/EEB0F5AB2D921F4685258600004FBB76/$file/19-5052-1865847.pdf
Jeff Redfern, https://ij.org/staff/jeffrey-redfern/
Kirby West, https://ij.org/staff/kirby-thomas-west/
Anthony Sanders, https://ij.org/staff/asanders/