October 2007

In a case that may hold lessons for Hawaii land use law, the State of Washington Supreme Court recently invalidated under state law a series of moratoria on shorelinedevelopment permits because the city had no power under delegated statelaw to enact a moratorium.  Hat tip to Professor Patty Salkin’s Law of the Land blog for…

In Desert Outdoor Advertising, Inc. v. City of Oakland, No 01-15501 (Oct. 30, 2007), the US Court of Appeals for the Ninth Circuit upheld most of Oakland, California’s billboard restrictions against a free speech challenge.  The court summarized the case:

Desert Outdoor Advertising, Inc., wants to display three billboards, each of which would be…

The Ithaca, NY newspaper reports on a Cornell speech by retired US Supreme Court Justice Sandra O’Connor about how oral advocacy helps the justices shape their thinking about an appeal.

O’Connor said ChiefJustice Roberts stated, “Oral argument is a time, at least for me, whenideas that have been percolating for some time begin to crystallize.”…

A “SLAPP suit” is a “strategic lawsuit against public participation,” and many states have statutes designed to thwart retaliatory lawsuits to protect the public’s willingness to exercise First Amendment rights.  For example, California’s statute defines SLAPP suits as:

lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and…

The issues in the lawsuits about the Hawaii Superferry Environmental Assessment dwell on legal technicalities such as standing, the statute of repose, and the standard of review.  But the case seems to have touched a deeper nerve, serving as the crucible for wider issues not limited to the Superferry.  For a flavor…

The Maui News reports that the County of Maui has filed a “response” (motion to dismiss) to the federal complaint brought by the Maui Vacation Rental Association against the County.  I posted about the case here.  The complaint summarizes the claims:

This is an action for injunctive and declaratory relief againstdefendants, and each of…

Cornell Law School’s Legal Information Institute has posted a comprehensive summary and analysis of the the arguments in the upcoming John R. Sand & Gravel v. United States appeal, scheduled for oral argument in the US Supreme Court on November 6, 2007.  The issue, as I posted about here, is whether the six year…

In Westchester Day School v. Village of Mamaroneck, No. 06-1464-cv (Oct. 17, 2007), the US Court of Appeals for the Second Circuit upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA).  The decision has been analyzed extensively by others, so I won’t repeat the details, just provide some links to…

In Fantasyland Video, Inc. v. County of San Diego, No. 05-56026 (Oct. 15, 2007), the Ninth Circuit upheld San Diego County’s “adult entertainment business” ordinance against a challenge under the California and US Constitutions.  The issue was whether the ordinance’s restriction on operating hours was valid under the California Constitution, and its requirement that…