Now, the tight connection between public use and zoning issues becomesclear. Any local government that uses heavy zoning restrictions courtspublic use fiascos down…
The Maui News reports that Maui’s “workforce housing” ordinance has been challenged:
Lawyers for a Canadian condominium developer, who is seeking to buildtwo multiunit projects in the Kamaole area, are seeking a court orderto block the county from implementing the law that the developer saysis defective.
The lawsuit alleges the housing policy adopted by the
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Here are the briefs of the parties in the “Hawaii Superferry EIS” appeal, decided by the Supreme Court of Hawaii last week. These should clear up any questions about what the litigation is about, and what the parties argued.
Opening Brief of Plaintiffs-Appellants [Sierra Club, Maui Tomorrow, Kahului Harbor Coalition] (filed Oct. 21,
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The Ninth Circuit recently decided Vacation Village, Inc. v. Clark County, No. 05-16173 (July 23, 2007), a case that has just about everything in terms of regulatory takings issues in federal court: the Penn Central standard for regulatory takings, Williamson County ripeness, Rooker-Feldman, exhaustion of administrative remedies, federal preemption, choice of law under…
In The Access Fund v. United States Dep’t of Agriculture, No. 05-15585 (Aug. 27, 2007), the Ninth Circuit upheld the prohibition by the US Forest Service of recreational rock climbing at the culturally and religiously significant Cave Rock on the eastern shore of Lake Tahoe. The rock is many things to many people:
To…
Much of the discussion about the recent Hawaii Supreme Court order in the “Superferry” case seems to overlook a few things:
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Kauai’s newspaper posts “Ohana amendment decision the result of classic Hawaii politics,” a commentary by Walter Lewis, one of the Kauai homeowners who intervened in the County vs. County lawsuit, an effort by county officials to strike down a voter-enacted property tax relief charter amendment.
The typical lawsuit involves a realcontroversy between …
Charley Foster over at Planet Kauai posts a summary of yesterday’s HAWSCT oral arguments in the Hawaii Superferry EIS case. He posts analysis as well as some thoughtful questions on “what next?”
The Supreme Court briefs of the parties are posted here. Planet Kauai has also posted a succinct summary of the briefs…
In The League of Residential Neighborhood Advocates v. City of Los Angeles, No. 06-56211 (Aug. 21, 2007), which I first discussed here a few days ago, the Ninth Circuit invalidated an agreement between the city of Los Angeles and a congregation to settle the congregation’s federal RLUIPA claim. As part of the settlement, the…
