Hawaii Business has posted an interesting article that’s worth a read: “The Line in the Sand.” Subtitled “How Maui Land & Pine and its eco-icon David Cole became the target for community outrage,” the article is a good insider’s look at the interplay between the various parties in Maui’s (and Hawaii’s)
▪ Vested Rights/Zoning Estoppel Dispute Brewing on Kauai
Two stories in today’s Honolulu papers, “Wal-Mart fights Kauai ban on ‘big-box’ stores,” “Wal-Mart says it will fight for Kauai expansion,” contain all the buzzwords indicating a vested rights and zoning estoppel dispute may be on the horizon. The Advertiser writes:
A recent Kaua’i County ban on new “big-box” stores shouldn’t
▪ Gideon’s Trumpet – New Eminent Domain Blog
Professor Gideon Kanner‘s blog on issues in “takings of property, eminent domain, and inverse condemnation” is online. The aptly named Gideon’s Trumpet is a must-subscribe for anyone interested in Professor Kanner’s unique perspective on these issues. Hat tip to PLF on Eminent Domain for calling our attention to this new blog.
▪ HAWSCT: Shoreline Setbacks, Due Process and Vested Rights
The Hawaii Supreme Court has issued an opinion in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), a case discussing shoreline setbacks, due process, and vested rights. I haven’t had a chance to read the majority opinion authored by Justice Acoba, or the concurring opinion by Justice Levinson, but will post more after
▪ Admin note: light posting this week
I’m in court this week, so won’t be posting as much as usual. If anything big happens, of course, I’ll post.
But in the meantime, check out these links for your daily land use/eminent domain/property rights fix:
- PLF on Eminent Domain
- New Jersey Eminent Domain Blog
- Rapanos Blog – US Clean Water Act jurisdiction
- Damon
▪ Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii
To obtain a copy of the article “Arrow of Time, Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii’ (published by the U. Hawaii Law Review in Feb. 2006), drop me an email, and I will email you a pdf, or send you a hard copy (tell me which).
From the article’s Introduction
▪ NYT on Clean Water Act Rules After Rapanos
Today’s NY Times is running a story, After Lobbying, Wetland Rules Are Narrowed, on the aftermath of Rapanos v. United States, the decision where a plurality of the Supreme Court decided the Corps of Engineers’ Clean Water Act jurisdictional rules were too broad.
The story’s headline and lede are off base, implying that
▪ Honolulu Advertiser Op-ed on Wilkie v. Robbins
The Advertiser has published my commentary on Wilkie, the decision from the Supreme Court denying a comprehensive remedy for violation of property rights by federal officials.
Little-Noticed Decision Erodes Property Rights
Imagine this: You own land, and federal officials ask you to allow the public to cross over it, but they don’t offer you
▪ “For Sale” Signs on Cars on Public Property
In a decision out of Ohio, the US Court of Appeals for the Sixth Circuit, held in Pagan v. Fruchey, No. 04-4414 (6th Cir. June 29, 2007) that the First Amendment prohibits the government from outlawing a “for sale” sign on cars parked on a public street.
After he was threatened with a ticket
▪ Best Lawyers in Hawaii
I’m honored: Honolulu Magazine has come out with its “Best Lawyers” edition, and has seen fit to include me and several of my Damon Key colleagues on the list of The Best Lawyers in Hawaii. I’m in the category “Eminent Domain and Condemnation Law.” More here.