Jesse Souki has some interesting thoughts on the recent Intermediate Court of Appeals decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007), over at his Hawaii Land Use Law blog:
Prior to the instant case, Hawaii courts strained to find a contested case before…
Government Gone Wild: the sad case of Wilkie v. Robbins. In perhaps the low point of 2007, the U.S. Supreme Court held that alandowner who was subject to systematic harassment by governmentofficials because he had the temerity to refuse to give up a publiceasement on his land without just compensation did not have acomprehensive…
Another year has come and gone. In Hawaii, two of the hottest “landuse” related topics in the public arena remain public beach access andtransient vacation rentals. Yet, there wasn’t much to report in theway of developments in the law in these areas, as the courts did notaddress these issues directly in any decisions. Nor were…
In a story dated December 30, 2007 in the New York Times Travel section, “Not in My Tropical Backyard,” Christoper Pala ties together several seemingly-unrelated threads: the Hawaii Superferry, development on Molokai, the Hokulia project on the Big Island, and expanded resort development on Oahu’s North Shore. The only issue that…
Although the decision is not about land use, the Hawaii Intermediate Court of Appeals’ decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007) is worth a read since it analyzes when an agency is required to hold a “contested case” (an administrative trial) in…
In a case at the intersection of Kelo-style eminent domain and First Amendment church-state issues, the Pennsylvania Supreme Court in In re Condemnation of 1839 North Eighth Street, No. 36 EAP 2006 (Dec. 29, 2007), held that the taking of property designated as “blighted” pursuant to a redevelopment plan, and for a nominal…
Thanks to Professor Patty Salkin for forwarding a recent $17 million inverse condemnation judgment from the Texas Court of Appeals. Trail Enterprises, Inc. v. City of Houston, No. 10-05-00382-CV (Nov. 21, 2007). It’s a short opinion without much background, so we don’t know what actions by the city resulted in Trail bringing suit, but…
I’ve finally had a chance to go back and digest Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007), the case in which the Hawaii Supreme Court held tha.
The Hawaii Supreme Court has issued an opinion in Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007). The case involves the issue of “nonconforming uses.” More to follow after a chance to review.
Haven’t had a chance to read and digest it yet, but the Hawaii Supreme Court has issued a new opinion on water rights and the public trust, In re Water Use Permit Application Filed by Kukui (Molokai), Inc., No 24856 (Dec. 26, 2007). More details to follow.
