In a story titled “Honolulu notifying landowners in way of planned rail route,” the Honolulu Advertiser reports “The city has started notifying residents living in the path of the planned $3.7 billion elevated commuter rail that all or part of their properties may be condemned. The letters, which are being sent out in
California Court Rejects Facial Nollan/Dolan Claim to Affordable Housing Exaction
In Action Apartment Ass’n v. City of Santa Monica, No. B201176 (Aug. 28, 2008), the California Court of Appeal (Second District) denied a facial challenge to the city of Santa Monica’s affordable housing exaction ordinance. The court relied upon the legislative/adjudicative distinction holding that Nollan/Dolan analysis is only applicable to individual decisions
Ninth Circuit: City’s (Alleged) Failure to Enforce the Zoning Code Is Not A Substantive Due Process Violation (Oh, And Armendariz is Still Overruled)
In Shanks v. Byrd, No. 06-35665 (Aug. 27, 2008), the Ninth Circuit held that a municipality’s alleged failure to enforce its zoning laws was not a violation of the Fourteenth Amendment.
Developers who convert homes into student residents apparently did not obtain all of the appropriate permits from Spokane, Washington to remodel a portion
Cert Petition Asks Supreme Court to Overrule Williamson County
The property owners have asked the U.S. Supreme Court to review the Sixth Circuit’s decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a decision we analyzed here.
The cert petition contains three Questions Presented:
1. Should the Court overrule Williamson County Regional Planning Commission v. Hamilton Bank
Ninth Circuit: Unions Have Right Under California Constitution to Picket and Handbill in Shopping Centers
In a 2-1 decision applying California law, the U.S. Court of Appeals for the Ninth Circuit held in United Brotherhood of Carpenters and Joiners of America Local 848 v. National Labor Relations Bd., No. 05-75295 (Aug. 25, 2008), held that six rules applied by shopping centers to restrict picketing and handbilling by union members
Latest Developments in Maui Affordable Housing Exaction Case
New filings in the federal district court litigation challenging the County of Maui’s “workforce housing” ordinance. Enacted in 2006, the Maui ordinance imposes a 40% to 50% affordable requirement on most development, including the subdivision of land. A property owner subject to this exaction challenged the ordinance under the Nollan/Dolan doctrine of unconstitutional
HAWSCT Defines “Contested Case” Broadly, Reviews Autoapproval Statute
In a decision that at first blush seems to have little to do with land use law, the Hawaii Supreme Court reiterated the standard for when an agency hearing is a “contested case” under the Administrative Procedures Act, and clarified what constitutes agency “action” for purpose of the permit application autoapproval statute.
Contested Case
More on Oral Arguments in Kona Eminent Domain Abuse Appeal
As noted in this post, the Supreme Court of Hawaii has scheduled oral arguments in the consolidated appeal from two eminent domain lawsuitsfiled by the County of Hawaii in 2000 and 2005. Today’s West Hawaii Today has this story about the arguments.
More on Kauai Springs Zoning Permit Appeal Victory
From today’s Honolulu Star-Bulletin: Judge approves company’s permits
Victory in Kauai Springs Zoning Permit Appeal
Yesterday, the Kauai circuit court granted a permanent injunction, and ordered that Kauai Springs‘s applications for three zoning permits should not have been denied by the Kauai Planning Commission in January 2007. The case is an appeal from an agency decision under the HawaiiAdministrative Procedures Act (a procedure known in other jurisdictionsas a petition