District Court: San Diego county’s zoning ordinance — which “imposes restrictions and permit requirements on the construction and location of wireless telecommunications facilities” — conflicts with federal law, and is preempted. The county is permanently enjoined from enforcing the zoning ordinance.
Ninth Circuit panel: we agree.
Ninth Circuit en banc: we don’t, injunction dissolved, case…
The Natural Resources Defense Council has filed its brief in the US Supreme Court case about the Navy’s use of mid-frequencyactive (MFA) sonar in training exercises off the California coast, Winter v. Natural Resources Defense Council, Inc., No. 07-1239:
The Navy argues that a letter it procured from another executive-branch agency, the White…
The California Coastal Commission today filed its brief in the U.S. Supreme Court case about the Navy’s use of mid-frequencyactive (MFA) sonar in training exercises off the California coast, Winter v. Natural Resources Defense Council, Inc., No. 07-1239. The issue in the case is whether the Ninth Circuit properly granted aninjunction under the…
For an interesting take on Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229 (1984) (the pre-Kelo case that equated the Public Use Clause with the police power) check out Professor Gideon Kanner’s summary of the case in his recent post “Say ‘Aloha’ to Your House, Then Say ‘Sayonara‘”.
More on…
In a brief opinion (the case was decided without oral argument), the Ninth Circuit affirmed the Hawaii district court’s dismissal of claims that the security zone established by the U.S. Coast Guard violated the protester’s First Amendment rights. Even if the protest was symbolic speech, the security zone was a reasonable time, place, and manner…
The Ninth Circuit has scheduled oral arguments 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. The court will hear argument on November 21, 2008, at…
When a court labels the Nollan/Dolan line of decisions “so-called exaction cases” (and your claim is that an exaction is not related or proportional) you know right away you are in trouble.
First, the dry summary. In Action Apartment Ass’n v. City of Santa Monica,No. B201176 (Aug. 28, 2008) (slip opinion available…
