In Aspen Creek Estates, Ltd. v. Town of Brookhaven, 2007 NY Slip Op 09583 (Dec. 4, 2007), the Appellate Division of the New York Supreme Court approved a taking of private property to preserve it as farmland. The court’s majority held that the goal of preserving farmland generally qualifies as a public use/purpose, and
December 2007
Free Speech on Private Property: Cal Supreme Court Confirms California’s Mall-Centric Culture
By Robert H. Thomas on
Confirming once again that the shopping mall defines California’s culture, the California Supreme Court in Fashion Valley Mall, LLC v. National Labor Relations Bd., No. S144753 (Dec. 24, 2007), held that the mall is a public forum for the airing of grievances, and that the mall’s owner did not have the right to prohibit…
NY Times on Columbia U’s Expansion Plans
By Robert H. Thomas on
The NY Times posts a story, “Despite Earlier Defiance, Holdouts in Columbia’s Expansion Zone Are Down to 3,” about Columbia University’s move into the area north of W. 125th Street. Hat tip to No Land Grab for the link.
New York City is a long way from the jurisdictions that are theusual subjects…
Podcast on $37m Federal Inverse Condemnation Judgment
In anticipation of the upcoming eminent domain conferences, ALI-ABA has posted a (free!) short podcast by Michael Berger about the recent $37 million inverse condemnation judgment against a northern California for causing the plaintiff’s land to become undevelopable wetlands (Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007)). …
Federal Court Dismisses Maui Vacation Rental Due Process Claims — Details
By Robert H. Thomas on
The US District Court for the District of Hawaii dismissed most of the counts of the Maui Vacation Rental Association’s complaint against the County of Maui. The court held that MVRA had the right to bring suit on behalf of its members, but dismissed — without leave to amend — the substantive and procedural due…
Double Your Fun: Big Island Considering Another Planning Commission
By Robert H. Thomas on
Posted in Administrative law, Land use law
According to this story in the West Hawaii Times (free registration may be required), the County of Hawaii is considering amending its Charter to form another Planning Commission, and splitting jurisdiction between a Leeward commission and a Windward commission.
No one has challenged the validity under state law of a county having more than a…
Federal Court Order Dismissing Maui Vacation Rental Due Process Claims
By Robert H. Thomas on
As noted here, the US District Court for the District of Hawaii dismissed most of the counts of the Maui Vacation Rental Association’s complaint against the County of Maui. Here’s the court’s written order.
NY Sun Opinion: Columbia Pulls a Kelo
By Robert H. Thomas on
Posted in Property rights, Public Use | Kelo
The NY Sun posts an opinion piece “Columbia Pulls a Kelo” —
Most don’t know that a private owner who covets the property of another can, outside the scrutiny of the public eye, start the condemnation process by writing a check to the self-funding government agency — to finance costs, including government staff…
Federal Court Dismisses Most of Maui Vacation Rental Lawsuit
By Robert H. Thomas on
Hat tip to Supreme Court of Hawaii Blog for posting a Maui County press release announcing that on December 17, 2007, the US District Court for the District of Hawaii dismissed, for failure to state a claim, most of the allegations in the lawsuit by the Maui Vacation Rental Association. The Maui News reports the…
City Will Appeal $37 Million Inverse Condemnation Judgment to Ninth Circuit
As reported here and here, the City of Half Moon Bay, California is going to appeal the $37 million federal inverse condemnation judgment to the Ninth Circuit. In the first story, the San Francisco Chronicle reports:
The Half Moon Bay CityCouncil on Tuesday night voted to hire a team of appellate lawyers andannounced
…