Los Angeles entered into settlement agreement with a religious organization to settle a RLUIPA claim. The city agreed as part of that settlement to issue a conditional use permit (CUP) to the congregation. Neighbors complained that city could not agree in settlement agreement to override CUP process, which would have provided the neighbors notice and
2007
▪ HAWSCT Lowers The Bar in Equal Protection “Rational Basis” Analysis
By Robert H. Thomas on
“Rational basis” judicial review in equal protection law, as every law student knows, means virtually no review. As long as the government provides a “plausible” justification for its discrimination between “non-suspect” classes, a court should defer to the legislature’s judgment and uphold the classification. That is why it is also known as the “minimum rationality”…
▪ Kauai Property Tax Case: KKCR Radio
By Robert H. Thomas on
Tune in on Tuesday, Aug. 21, at 4 pm Hawaii Standard Time to the “Kauai Soapbox” radio show on radio KKCR (live streaming audio available).
I’ll be a guest, speaking about the “Ohana Kauai” property tax charter amendment case. Hope you can listen in.
▪ The Price of “Paradise”
By Robert H. Thomas on
The Honolulu Advertiser has posted an interesting story, on a topic not widely reported. The story, “Hawaii renters fear cost of growth limits,” starts off by noting that development limits have downsides, which may be felt more deeply by some segments of the community:
While a recent survey showed 61 percent of Hawai’i…
▪ Recent Williamson County Ripeness Decisions Summarized
By Robert H. Thomas on
Dean Patricia Salkin of the Albany Law School posts Ripeness and Williamson County – 1st, 6th and 7th Circuit Rulings on her land use law blog Law of the Land. The post details three recent cases from the federal circuits about when a regulatory takings or inverse condemnation case is ripe for federal review…
▪ Brooklyn Eminent Domain Fight Goes to Second Circuit
By Robert H. Thomas on
Posted in Appellate law, Property rights
A federal district court in Brooklyn, NY, first held that a landowner challenge to the public use of a taking was properly in federal court. Goldstein v. Pataki, 488 F. Supp. 2d 254 (E.D.N.Y. 2007). At the same time, however, the court also found that the plaintiffs did not sufficiently plead enough facts in…
▪ Columbia U’s Expansion Plans and Eminent Domain
By Robert H. Thomas on
Posted in Property rights
The Weekly Standard posts “Razing West Harlem,” an article about Columbia University’s plan to expand uptown beyond its present Morningside Heights locale:
West Harlem — TUCK-IT-AWAY SELF-STORAGE dominates the blockbetween 131st Street and 132nd Street on the west side of Broadway, astretch of the famous thoroughfare where the New York City subwayactually runs…
▪ County of Kauai ex rel. Nakazawa v. Baptiste: Kauai Property Tax Decision Summary Page
By Robert H. Thomas on
Posted in Uncategorized
Here are links to all the posts on the “Ohana Kauai” Charter Amendment case, in which the Hawaii Supreme Court in a 3-2 decision held that friendly government officials have standing to institute lawsuits against each other to challenge a charter amendment enacted by a vote of the people. Chief Justice Ronald Moon authored the…
▪ Article on Effectiveness of Eminent Domain Legislation After Kelo
By Robert H. Thomas on
Posted in Property rights
Reason Magazine has posted Professor Ilya Somin’s article The Limits of Anti-Kelo Legislation. An excerpt:
Although important progress in protecting property rights has been madein some states, such predictions turned out to be seriously overstated.The Kelo backlash has not been as effective as many expected. Too often, cosmetic changes have taken the place of…
▪ Repost: Briefs in Kauai Property Tax Decision
By Robert H. Thomas on
I’ve been asked to repost the briefs in the Kauai property tax decision.
Here are the merits briefs of the parties, all in Adobe Acrobat (pdf) format:
- Opening Brief of four Kauai homeowners who intervened (2.5mb)
- Appendix to Opening Brief (2.3mb)
- Answering Brief of Kauai County Attorney (2.3mb)
- Answering Brief of Kauai Mayor et
…