The Ninth Circuit recently decided Vacation Village, Inc. v. Clark County, No. 05-16173 (July 23, 2007), a case that has just about everything in terms of regulatory takings issues in federal court: the Penn Central standard for regulatory takings, Williamson County ripeness, Rooker-Feldman, exhaustion of administrative remedies, federal preemption, choice of law under
2007
▪ 9th Cir: Rock Climbing Ban at Lake Tahoe Not Motivated by Religion
By Robert H. Thomas on
In The Access Fund v. United States Dep’t of Agriculture, No. 05-15585 (Aug. 27, 2007), the Ninth Circuit upheld the prohibition by the US Forest Service of recreational rock climbing at the culturally and religiously significant Cave Rock on the eastern shore of Lake Tahoe. The rock is many things to many people:
To…
▪ Is The Statute of Limitations in Federal Inverse Condemnation Claims Jurisdictional?
By Robert H. Thomas on
▪ “Hawaii Superferry EIS” — Or “Kahului Harbor EA”?
By Robert H. Thomas on
Posted in Appellate law, Environmental law
Much of the discussion about the recent Hawaii Supreme Court order in the “Superferry” case seems to overlook a few things:
- HAWSCT did not order the Hawaii Superferry to do an Environmental Impact Statement (EIS) for operating, at least as far as I can tell. The lawsuit is to force the State to accomplish an
…
▪ Article on the Kauai Property Tax Decision
By Robert H. Thomas on
Kauai’s newspaper posts “Ohana amendment decision the result of classic Hawaii politics,” a commentary by Walter Lewis, one of the Kauai homeowners who intervened in the County vs. County lawsuit, an effort by county officials to strike down a voter-enacted property tax relief charter amendment.
The typical lawsuit involves a realcontroversy between …
▪ Analysis of Arguments in Hawaii Superferry EIS Case
By Robert H. Thomas on
Charley Foster over at Planet Kauai posts a summary of yesterday’s HAWSCT oral arguments in the Hawaii Superferry EIS case. He posts analysis as well as some thoughtful questions on “what next?”
The Supreme Court briefs of the parties are posted here. Planet Kauai has also posted a succinct summary of the briefs…
▪ More on 9th Circuit RLUIPA Settlement Case
By Robert H. Thomas on
In The League of Residential Neighborhood Advocates v. City of Los Angeles, No. 06-56211 (Aug. 21, 2007), which I first discussed here a few days ago, the Ninth Circuit invalidated an agreement between the city of Los Angeles and a congregation to settle the congregation’s federal RLUIPA claim. As part of the settlement, the…
▪ Whoa! That Was Fast: HAWSCT Reverses Superferry EIS Case 5 Hours After Orals
By Robert H. Thomas on
Posted in Appellate law, Environmental law
Supreme Court oral argument at 9am, order reversing the lower court at 3pm.
If only all appeals reached decision this quickly.
In what must be a record (especially in the Hawaii Supreme Court, which had in the past few years become legendary for the length of time it considered some cases), the Court issued a…
▪ HAWSCT: Oral Arguments in Superferry EIS Case Posted (mp3)
By Robert H. Thomas on
Posted in Appellate law, Environmental law
The court has posted the oral arguments in today’s hearing on the “Hawaii Superferry.” The issues in the case involve, among others, the question of standing as well as whether an environmental impact study should have been undertaken. The briefs of the parties are posted here.
▪ Podcast: Radio Interview on Kauai Property Tax Charter Amendment Case (mp3)
By Robert H. Thomas on
My thanks to Sandy Brodie and Karlos deTreaux for having me on their “Kauai Soapbox” program today on KKCR-FM 92.7, where we discussed the “Ohana Kauai” property tax charter amendment case and recent decision by the Hawaii Supreme Court.
Stream the podcast here (1 hr):
Or download the podcast here (52mb mp3).