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Event (10/1/2019): John Baker to Speak on the Supreme Court's Knick Decision

Date: Tuesday, October 1, 2019


Greene Espel attorney John Baker will speak in Chicago October 1, 2019 at the 2019 Kratovil Conference on Real Estate Law and Practice. The Kratovil Conference is held annually by John Marshall Law School to bring together real-estate attorneys from around the nation with varying perspectives to discuss a single subject. The 2019 Conference is entitled "A Knick in Time: The Demise of the State Action Barrier to Federal Takings Litigation" after Knick v. Township of Scott. In June, a divided Supreme Court overturned part of a longstanding precedent that generally required plaintiffs alleging unconstitutional takings to first try and fail to obtain compensation under state law before pursuing a federal takings claim. Property-rights activists celebrated their one-vote win, but as a practical matter does the decision significantly change things?

John’s presentation will view the decision from his perspective as counsel of record for the only amicus in Knick that filed a brief to the U.S. Supreme Court that supported neither party. He and his Greene Espel partner Katherine Swenson co-authored the American Planning Association’s amicus brief in Knick.

John will also be addressing the Knick case on September 24, 2019 in Arlington, Virginia, at the American Planning Association’s Policy and Advocacy Conference, and on October 31, 2019 in Minneapolis at Minnesota CLE’s annual Real Estate Law Institute.

John, a founding member of the firm, regularly represents individuals and entities in state and federal appellate courts in Minnesota and beyond. John has presented oral argument on appeal more than 30 times, including to the Eighth Circuit on the question that the Supreme Court later decided in Knick. As a thought leader on municipal law, land use, and constitutional law, John has also written many amicus briefs for associations and organizations on questions of importance to their members.

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