The property owner has filed a Petition for Rehearing and Suggestion for Rehearing En Banc in AmeriSource Corp. v. United States,No. 07-1521 (Fed. Cir. May 1, 2008).
In that case, the Federal Circuit held that when an innocent party’sproperty is seized for use in a criminal prosecution but never used as evidence, no FifthAmendment
Several items today with a common theme of eminent domain and public use –
Yesterday, we filed the Reply Brief in Kauai Springs‘ appeal from the January 2007 decision by the Kauai Planning Commission to deny three zoning permits to the small, Kauai-family-owned water bottling company.
For more information about the case, here are some links to earlier media coverage:
Today my Damon Key colleagues Mark Murakami, Christi-Anne Kudo Chock, and I filed for the Ocean Tourism Coalition a brief amicus curiae (88kb pdf) in the US Supreme Court supporting the petition for writ of certiorari filed in UFO Chuting of Hawaii, Inc. v. Smith, No. 07-1427 (petition for cert. filed May 12
Search this blog
A little shameless self-promotion, as well as well-deserved recognition for my fellow Damon Key law bloggers Mark Murakami, Robert Harris and Tred Eyerly: Ryan Ozawa has posted a summary of our firm’s adventures in law blogging on his Hawaii Blog in the post “Hawaii Firm Spotlights Legal Blogs” —
Firm director
Today’s editorial in the Honolulu Star Bulletin is about the “ceded lands” case:
Hawaii’s Supreme Court ruled in January that a 1993 joint resolutionby Congress apologizing for the overthrow of the monarchy a centuryearlier requires that ceded lands be “preserved” until “a properfoundation for reconciliation between the United States and the nativeHawaiian people” is achieved.
Today’s Honolulu Advertiser posts a story, “Bennett receives support on ceded lands,” about the amicus brief of 29 states supporting Hawaii’s request for US Supreme Court review of the “ceded lands” decision, Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii,117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008).
Today’s Honolulu Star-Bulletin reports “29 other state oppose ruling on ceded lands,” about the amicus brief filed by the State of Washington and 28 other states urging the US Supreme Court to review the decision of the Hawaii Supreme Court in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii
The Institute for Justice, the attorneys who represented Susette Kelo in Kelo v. City of New London, 545 U.S. 469 (2005), the decision in which the US Supreme Court held that economic development takings were not per se invalid, has filed a brief amicus curiae supporting the request for review in Goldstein v. Pataki