“If you can fight blight, why not create beauty? If not beauty, why not bounty?“
With that phrase, author Carla T. Main, in Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land,accurately and succinctly sums up the devolution of the Supreme Court’sview of the role of judicial review in eminent
On the topic of the Willets Point case, inequitable precondemnation activities, and condemnation blight, thanks to Professor Gideon Kanner for reminding us of his seminal article on the subject, Condemnation Blight: Just How Just Is Just Compensation?, 48 Notre Dame Law Review 765 (1973) (the Notre Dame Law Review was then called the Notre
Thanks to No Land Grab for informing us of the latest eminent domain action from New York City, this time with an interesting twist. In Willets Point Industry and Realty Ass’n v. City of New York, No. 08-1453 (E.D.N.Y. filed Apr. 9, 2008), land and business owners in Queen’s, N.Y. filed a federal court
Apropos of nothing relating to the usual topics of this blog is this view from my office window a few minutes ago. But I thought I would share it anyway.
Today, we filed the Opening Brief in County of Hawaii v. Richards, No. 28882, the consolidated appeal from two eminent domain lawsuits filed by the County in 2000 and 2005. I won’t go into detail about the case and will let the brief speak for itself since I am part of the legal team
On April 9, 2008, the Hawaii Intermediate Court of Appeals will be hearing oral arguments in Unite Here! Local 5 v. City and County of Honolulu, No. 28603, the appeal involving the question of whether the City should have required the Kuilima Resort to prepare a supplemental Environmental Impact Statement. Here are the main
To all those who attended today’s seminar, thank you. Here are the links to the cases I mentioned. From the morning session on Case Law Update:
Remember that whopping $36.8 million inverse condemnation judgment against the City of Half Moon Bay, California by the U.S. District Court back in November 2007? Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007). The city said at the time it was going to appeal, and it hired some
The homeowners threatened with eminent domain for the Atlantic Yards project in Brooklyn, New York have filed a petition for a writ of certiorari in Goldstein v. Pataki, 516 F.3d 50 (2d Cir. 2008).
The petition points out the schizophrenic nature of Public Use analysis after Kelo: on one hand, the Court’s holding