Texas State Constitution’s Takings Clause Application Limits — The limits of Texas’ Takings Clause, which holds that a person’s property cannot be taken or damaged by the government for a public purpose without just compensation, are being tested in several novel cases. Usually applied in eminent domain cases, the clause’s application in these matters will likely affect whether that narrow usage may be broadened.
Sovereign Immunity Uncertain for Quasi-Governmental Entities — Courts continue to debate […]

Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk County Agricultural High School (Norfolk Aggie), and Norfolk County, entered into an agreement to construct a solar facility on the Norfolk Aggie campus, which is located in Walpole’s rural residential zoning district.

Kearsarge applied to the Walpole building commissioner for a building […]