To my colleagues at the LINC conference in D.C., thank you for the opportunity to present the topic. Here are links to the cases discussed:
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The question of “which came first, the Environmental Assessment exemption or the challenge?” is providing an interesting illustration of the metaphysical issue of what is the impact of a government act subsequently ruled to be illegal.
In denying the plaintiff’s request for a temporary restraining order, the Fifth Circuit court did not rule on…
Charley Foster at Planet Kauai has been out in front of the old media in reporting on the Kauai front of the Superferry conflict. He reports that the Fifth Circuit Court has denied the motion for a temporary restraining order. He has posted the order in jpg format, and kindly forwarded the pdf version, which…
Jay Fidell at ThinkTech Hawaii (Hawaii Public Radio KIPO-FM89.3) posts the podcasts of UH Law School dean and professor Avi Soifer’s appearance on the topic of “Pushing the constitutional envelope – how quickly, if at all, can it snap back.” It’s not about land use and related topics, but worth listening nonetheless for anyone interested in the role of the courts in protecting constitutional rights.
Sidebar: One of the more interesting law review articles I’ve read lately is Dean Soifer’s Courting Anarchy, 82 Boston U. L. Rev. 699 (2002), which criticized the U.S. Supreme Court’s Bush v. Goredecision, and analyzed the corrosive effect on judicial legitimacy whencourts make nakedly political decisions. Speaking of that case, The WallStreet Journal’s law blog has this interesting tidbit: Continue Reading ▪ Podcast: UH Law School Dean on “Pushing the Constitutional Envelope” (mp3)
The Ninth Circuit panel summarizes its decision:
A Latin cross sits atop a prominent rock outcropping known as “Sunrise Rock” in the Mojave National Preserve (“Preserve”). Our court previously held that the presence of the cross in the Preserve—which consists of more than 90 percent federally-owned land, including the land where the cross is situated—violates…
Charley Foster at Planet Kauai has written up the details of the Superferry TRO hearing on Kauai. Check it out.
Update: Here’s his detailed report. The critical issues appears to be the 120-day statute of repose to institute challenges under Haw. Rev. Stat. § 343-7(a):
The plaintiffs seemed to view themselves as…
Here is a collection of all the inversecondemnation.com posts on the Hawaii Superferry litigation:
Case documents —
Commentary and analysis —
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“In a democracy, the people get the government they deserve” states the old dictum. That pretty much sums up one response to The Wall Street Journal story This Side of Paradise about the “Ohana Kauai” property tax charter amendment case. A WSJ reader proposes: “It’s Simple: Vote Them Out.”
The need to…
In “How Eminent Should Domain Be?,” the NY Times writes about an official in a Westchester County town who understands the connection between property rights and constitutional rights, especially in the involuntary taking of property by the government:
The United States Supreme Court ruled in 2005 that a governmentcould use eminent domain to…
Over at his blog Raising Islands, recently-retired Honolulu Advertiser environmental reporter Jan TenBruggencate posts his analysis of the Hawaii Supreme Court opinion in the Hawaii Superferry EIS case. Worth a read.
