Hawaii Supreme Court Justice Acoba, joined by Justice Duffy, filed an extensive dissenting opinion in yesterday’s decision in County of Kauai ex rel. Nakazawa v. Baptiste (or, as it should now be called Kauai County Council v. County of Kauai), on the issue of standing that’s worth reading:
DISSENTING OPINION BY ACOBA, J.,
WITH…
The Hawaii Supreme Court has issued its opinion in the Kauai property tax case, County of Kauai v. Baptiste (No. 27351, Aug. 6, 2007). A collection of posts on the case here. [Note: I represent the Appellants.]
Bottom line: judgment affirmed in all significant respects. First: government officials possess the power to manufacture and…
The Hawaii Supreme Court will hear oral arguments in the Sierra Club’s challenge to the “Hawaii Superferry” on August 23, 2007 at 9 am.
The Ninth Circuit has issued a new opinion in Northern California River Watch v. City of Healdsburg (No. 04-15442, Aug. 6, 2007).
The case involves the post-Rapanos standard for how “navigable waters of the United States” is defined in the Clean Water Act, and what wetlands are covered under the Act’s jurisdiction. The court…
A New York federal court has ruled in favor of a property owner thata municipality wrongfully exercised eminent domain and denied thelandowner procedural due process by not providing proper notice of hisright to contest the taking. Brody v. Village of Port Chester, No. 00 Civ. 7481 (HB) (SDNY, July 18, 2007).
Under the eminent…
Professor Ilya Somin has posted a link to his commentary on the Wilkie v. Robbins decision by the US Supreme Court. Worth a read. My thoughts on the Wilkie decision here.
