Marzulla Law Blog
Can zealous advocacy and the duty of candor be reconciled?
Attorneys want to win their cases for their clients—a goal encouraged by clients everywhere, including the United States when it is a client of the Department of Justice. But unless care is exercised, that duty of zealous representation can slip into violating the...
Taking of Water Rights: The Fifth Amendment’s Wild Horse Ride
During the summer of 2017, a herd of roaming wild horses set about foraging and drinking water on land owned by Bench Creek Ranch, LLC, in Washoe County, Nevada. The Bureau of Land Management rebuffed the Ranch owners’ attempts to be paid for the water consumed by the...
The Appalachian Trail to the Supreme Court
On June 15, 2020 the Supreme Court held that traditional property law and statutory language combine to make the Appalachian Trail, maintained by the National Park Service, a Congressionally granted right to use Forest Service land—removing a major obstacle to the...
Virtual Litigation in a Brave New World – Agenda for June 25th Webinar
I am looking forward to joining my INBLF colleagues for a Zoom webinar focusing on virtual litigation issues—Virtual Litigation in a Brave New World—
Marzulla Sues to Obtain Duty-Free Permit for International Truck Stop
Sometimes a businessman has a great idea, and sometimes government regulations keep that idea from becoming a reality, forcing the business owner to sue to overcome the regulatory obstacle that blocks the path to a successful business venture. The saga of Truck.net’s...
Good Questions to Know the Answers To in a Taking Case: How Much Property Was Taken and When?
It was late August in 2017 when Hurricane Harvey dumped record amounts of rainfall on Houston. Water impounded in the Addicks and Barker Reservoirs crested at record pool elevations of 101.6 feet in Barker and 109.1 feet in Addicks on August 30, 2017. The U.S. Court...
Why Government Contract Terms Matter
The North American Landscaping, Construction and Dredge Company contracted with the U.S. Army Corps of Engineers to maintain the dredging of a creek in Virginia. The Corps was to pay North American based on the quantity of material it removed from the creek bed. The...
Nancie Marzulla Talks Takings Law at Dallas Love Field on Eminent Domain Podcast
Recently, Nancie Marzulla was a guest on the Eminent Domain podcast, a podcast that focuses - of course! - on eminent domain and condemnation law. It is hosted by Clint Schumacher. The topic of our discussion? Federal taking litigation at Dallas' Love Field airport -...
Nancie Marzulla Discusses INBLF Network with Larry Ebner and Arnie Lutzker
Recently, Nancie Marzulla joined fellow INBLF attorneys Larry Ebner and Arnie Lutzker in a conversation about their organization, the International Network of Boutique and Independent Law Firms (INBLF). The roundtable was hosted by Larry Ebner, founder of...
Taking Discovery Disputes to Court
On March 31, 1992, Mingo Logan and United Affiliates entered into a lease, which allowed Mingo Logan to operate a coal mine (known as Spruce No. 1) in West Virginia. In 2007, the U.S. Army Corps of Engineers issued a Section 404 wetland permit to Mingo Logan. Under...
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.