The New Mexico Commissioner of Public Lands has filed a brief amicus curiae urging the US Supreme Court to review the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.petition filed Apr. 29, 2008). In that case, the State seeks U.S.Supreme Court review of the decision by the Hawaii Supreme Court
Cert Petition Asks: Is There A Federal Avigational Servitude?
Keep an eye out on June 19, 2008: that’s the date the US Supreme Court will consider whether to grant review of the Ninth Circuit’s decision in Vacation Village, Inc. v. Clark County, No. 05-16173 (July 23, 2007), a decision I blogged about here. The issue in that case, as posed by the
Another Amicus Brief Supporting Cert in Ceded Lands Case
The State of Washington and 28 other states and commonwealth have filed an amicus brief in support of the State of Hawaii’s petition for a writ of certiorari in the ceded lands case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008). In that case, the State seeks U.S.
Shoreline Boundaries And Shoreline Setbacks
My colleague Mark Murakami posted a link to a recent newspaper article about lateral beach access; that article spurred the Star-Bulletin editorial “State upholding public policy in Kahala beach access issue.” It seems that vegetation growing on private property is moving — either on its own or with help — makai (towards the
County of Maui’s Brief in Ninth Circuit Vacation Rental Appeal
The County of Maui has filed its Answering Brief in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal.
Our Opening Brief for MVRA is posted here
Takings Round Up
- Heads up for an upcoming teleconference of interest – Supreme Court Rules on Eminent Domain for Private Development. It will be held on July 16, 2008 starting at noon EDT, and featuressome of the A-listers in our area of law. More information andregistration information here.
PING: phen375 scamURL: http://phen375reviewsite.tumblr.com/IP: 91.121.209.46BLOG NAME: phen375 scamDATE: 02/07/2013 11:18:16 AMinversecondemnation.com: Amicus Brief Supporting Cert in Ceded Lands Case
Pacific Legal Foundation has filed a Brief Amicus Curiae in Support of Petitioners (the State of Hawaii and state officials) in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008).
In that case, the State seeks U.S. Supreme Court review of the decision by the Hawaii Supreme Court in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). The Honolulu Advertiser reported on the Hawaii Supreme Court’s decision in “Hawaii court bars state from selling ceded lands.”
PLF’s amicus briefs suggests the Court review two questions:
1. Whether Congress by the Admission Act and the Apology Resolution, may, without violating the Fifth Amendment, require or permit the State of Hawaii, Trustee of the Federally-created Ceded Lands Trust, to discriminate between trust beneficiaries on the basis of race?
2. Whether the State of Hawaii, Trustee of the Ceded Lands Trust, may, without violating the Fourteenth Amendment, discriminate between trust beneficiaries on the basis of race?
Download the brief here.
The State’s petition is posted here, and a Honolulu Star-Bulletin report about the petition is posted here.
The Supreme Court’s case docket is here.
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Property Owner’s Reply Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
Today, we filed the Reply Brief for the property owner in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. I won’t go into detail about the arguments and will let the brief speak for itself since I am part of thelegal
Honolulu Rail Takings
In “189 Hawaii properties in transit’s path,” the Honolulu Advertiser’s Sean Hao writes about the potential use of eminent domain to take private property along the path of Honolulu’s proposed $4B rail transit project:
Some landowners in the path of the new rail line, who may havelittle choice but to sell to the