There’s still time to register for the “Advanced Land Use and Zoning Law” seminar to be held on Wednesday, February 20, 2008 at the Ala Moana Hotel in Honolulu.
Topics include vacation rentals, big box zoning, affordable housing exactions, landowner liability for rockfalls, an environmental law update, and a summary of recent key decisions from…
Hawaii Public Radio has posted a five-part series ofreports on “Transit and Growth in Hawaii,” the third of which is themost interesting since it focuses on Honolulu’s proposed $4 billion+ railsystem. Each of the segments, however, is worth a listen:
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Thanks to Professor Patty Salkin for calling attention to a recent case from a Missouri federal court that provides a good (if that word can be used) illustration of the weird shell game that is played by the federal courts when it comes to regulatory takings claims, Reagan v. City of St. Louis, No.
The Garden Island reports that a property owner’s appeal of the County of Kauai’s approval of its permits with allegedly illegal conditions is going forward after the County withdrew its motion to dismiss.
The County Attorney’s Office filed for themotion to dismiss based on the Planning Commission failing to issue a“written decision and order containing …
The Garden Island reports that the Kauai County Council is considering a ban on “gated communities” —
A stalled plan to ban gated communitiesshould return to County Council’s agenda by the end of February, MayorBryan Baptiste said yesterday.
“It’s not a public safety issue to me,” he said. “It’s so we don’t isolate …
I promised back in this post to digest the Hawaii Supreme Court’s opinion in Colony Surf, Ltd. v. Director of the Dep’t of Planning and Permitting, No 26037 (Dec. 26, 2007). However, because the opinion is so opaque it is difficult to understand, and the issue so narrow, I never quite got around to…
In Goldstein v. Pataki, No. 07-2537-cv (Feb. 1, 2008), the US Court of Appeals for the Second Circuit held that a property owner failed to state a claim for Kelo “pretext.” While paying lip service to the notion that in reviewing a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the district court…
In Bair v. United States, No. 2007-5049 (Feb. 5, 2008), the US Court of Appeals for the Federal Circuit held that a federal statute that effectively wiped out liens possessed by beet growers was not a taking. The court held that the liens — which all parties admitted were recognized by state law —…
My colleague Mark Murakami has posted a summary of a recent speech by US Supreme Court Associate Justice Stephen Breyer on hawaiioceanlaw.com:
So, what is judicial independence? He said that every judge knowswhat it means, some lawyers do, and, for the most part, most people inthe public had no idea. So, is there a…
A complaint has been filed in U.S. District Court against the mayor of Kauai County, the county Department of Planning, and the Planning Commission over the Coconut Beach development. The complaint seeks relief for violations of equal protection, and federal civil rights laws. Charley Foster has some background on the case here. Download the…
