retroactivity

[Jonathan H. Adler]

The original case to which Marc is Bormann v. Board of Supervisors, 584
N.W.2d 309 (Iowa 1998), which struck down a zoning-style right to farm
statute.  The Iowa Supreme Court addressed the question again in Gacke v.
Pork Xtra, L.L.C., 684 N.W.2d 168 (Iowa 2004).

 

JHA

 

------

Jonathan H. Adler

Professor of Law

Co-Director, Center for Business Law & Regulation

Case Western Reserve University School of Law

11075 East Boulevard

Cleveland, OH 44106

ph) 216-368-2535

fax) 216-368-2086

cell) 202-255-3012

jha5 at case.edu

http://www.jhadler.net

 

  _____  

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Marc Poirier
Sent: Saturday, October 28, 2006 4:14 PM
To: conlawprof at lists.ucla.edu
Subject: retroactivity

 



The Iowa Supreme Court has held and recently reaffirmed that statutes
abrogating common law nuisance claims effect a taking.  Don't have the cases
to hand. 
Does that help? 

Marc R. Poirier
Professor of Law
Seton Hall University School of Law
One Newark Center
Newark, NJ  07102
973-642-8478

Somebody has to plant the seed so that sanity can happen on this earth. --
Chogyam Trungpa, Rinpoche 



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