Supreme Court oral argument at 9am, order reversing the lower court at 3pm.
If only all appeals reached decision this quickly.
In what must be a record (especially in the Hawaii Supreme Court, which had in the past few years become legendary for the length of time it considered some cases), the Court issued a…
The court has posted the oral arguments in today’s hearing on the “Hawaii Superferry.” The issues in the case involve, among others, the question of standing as well as whether an environmental impact study should have been undertaken. The briefs of the parties are posted here.
My thanks to Sandy Brodie and Karlos deTreaux for having me on their “Kauai Soapbox” program today on KKCR-FM 92.7, where we discussed the “Ohana Kauai” property tax charter amendment case and recent decision by the Hawaii Supreme Court.
Stream the podcast here (1 hr):
Or download the podcast here (52mb mp3).
Los Angeles entered into settlement agreement with a religious organization to settle a RLUIPA claim. The city agreed as part of that settlement to issue a conditional use permit (CUP) to the congregation. Neighbors complained that city could not agree in settlement agreement to override CUP process, which would have provided the neighbors notice and…
“Rational basis” judicial review in equal protection law, as every law student knows, means virtually no review. As long as the government provides a “plausible” justification for its discrimination between “non-suspect” classes, a court should defer to the legislature’s judgment and uphold the classification. That is why it is also known as the “minimum rationality”…
Tune in on Tuesday, Aug. 21, at 4 pm Hawaii Standard Time to the “Kauai Soapbox” radio show on radio KKCR (live streaming audio available).
I’ll be a guest, speaking about the “Ohana Kauai” property tax charter amendment case. Hope you can listen in.
The Honolulu Advertiser has posted an interesting story, on a topic not widely reported. The story, “Hawaii renters fear cost of growth limits,” starts off by noting that development limits have downsides, which may be felt more deeply by some segments of the community:
While a recent survey showed 61 percent of Hawai’i…
Dean Patricia Salkin of the Albany Law School posts Ripeness and Williamson County – 1st, 6th and 7th Circuit Rulings on her land use law blog Law of the Land. The post details three recent cases from the federal circuits about when a regulatory takings or inverse condemnation case is ripe for federal review…
A federal district court in Brooklyn, NY, first held that a landowner challenge to the public use of a taking was properly in federal court. Goldstein v. Pataki, 488 F. Supp. 2d 254 (E.D.N.Y. 2007). At the same time, however, the court also found that the plaintiffs did not sufficiently plead enough facts in…
The Weekly Standard posts “Razing West Harlem,” an article about Columbia University’s plan to expand uptown beyond its present Morningside Heights locale:
West Harlem — TUCK-IT-AWAY SELF-STORAGE dominates the blockbetween 131st Street and 132nd Street on the west side of Broadway, astretch of the famous thoroughfare where the New York City subwayactually runs…
