October 2007

In Tollis Inc. v. County of San Diego, No. 05-56300 (Oct. 10, 2007), the US Court of Appeals for the Ninth Circuit affirmed the district court’s determination that the county’s “adult entertainment business” ordinance was, for the most part, legal.  The ordinance survived First Amendment challenges under the City of Renton v. Playtime Theaters…

Professor Gideon Kanner, in his own unmistakable style, writes about the (un)fairness of just compensation in eminent domain in “Kleptocracy!“

Beginning in the 1960s,  studies made of condemnation compensationpractices have concluded that the condemnee-owners were actuallyundercompensated (”undercompensated” is a two-bit word for “cheated”).In a great many cases the government offers that are made…

Yesterday’s Honolulu Star-Bulletin ran an editorial “Access to Oahu’s shoreline is being blocked little by little,” spurred by a brewing controversy regarding access to public beaches across private property in Kailua.  The editorial calls for political leaders to make access to public beaches “a priority,” by establishing an “enforceable policy” to promote access:…

The merits brief of the United States in John R. Sand & Gravel Co. v. United States, No. 06-1164 has been posted here.  Docket listing here. 

The case involves an inverse condemnation claim against the federal government under the Tucker Act.  Apparently, thegovernment in the Court of Federal Claims did not raise…

Thanks to Mark Murakami for pointing out an article in today’s NY Times, “Once Reluctant, Retailers Now Rush to Hawaii,” about the growing presence of national stores such as Wal-Mart, Home Depot, Whole Foods, and Walgreens:

For years, large mainland-based retailers tended to steer clear of the islands that make up the state…

The U.S. Court of Appeals for the Second Circuit in New York heard oral arguments in Goldstein v. Pataki, an appeal challenging the “Atlantic Yards” redevelopment in Brooklyn. At issue in the appeal is whether the plaintiffs had properly alleged that the effort to take their property by eminent domain was for a private…

Thanks to my colleague Mark Murakami, I’ve found the Hawaii Land Use Law blog by Jesse Souki.  Topics he is covering include affordable housing, CLERCA, Endangered Species Act, NEPA/SEPA, planning, subdivision, and zoning.

I’m glad to see another Hawaii law blogger, especially in the land use area.  Let’s welcome another voice on this important…

Since 1998, the Hawaii Supreme Court Law Library has been very good about posting the opinions and orders of the Hawaii appellate courts (Supreme Court and Intermediate Court of Appeals) on line, usually within hours of their filing with the Clerk’s office.  The site is an invaluable public resource. 

However, unless you visit the site…