What more could we possible say about the bizarre ripeness/issue preclusion Catch-22 brought on by Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) that we haven’t said before, several times? The rule is unique to regulatory takings law and forces property owners alleging violation of
When Considering The Environmental Impacts of Tara, Tomorrow is Not Another Day
I don’t pretend to be an expert on the California Environmental Quality Act — 1700-page treatises are devoted to CEQA’s nuances — but I know enough to realize that the California Supreme Court’s decision in Save Tara v. City of West Hollywood, No. S151402 (Oct. 30, 3008) is an important one. The court framed
HAWSCT Curtails Definition of “Use of State or County Lands” in Environmental Law
In Nuuanu Valley Ass’n v. City & County of Honolulu, No. 28599 (Oct. 24, 2008), the Supreme Court of Hawaii clarified when a project that is not being built on state or county land meets the definition of “use” of such lands triggering review under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch.
Charles W. Key (1929-2008)
This post is not about inverse condemnation, eminent domain, or land use law. It is about my colleague, law partner, and friend Charles W. Key. Charlie died at home September 10, 2008. He was 79.
Charlie was a man of wry charm whose legacy in his community, with the Bar, and in our firm which
Key Player in Penn Central Case Obit
The New York Times posts the obituary of Dorothy Miner, a key player in the case that resulted in Penn Central Trans. Co. v. New York City, 438 U.S. 104 (1978),the U.S. Supreme Court case that gave us the three-part “ad hoc” regulatory takings test:
She played an important role in the
US Seeks Cert Review in the Mojave Cross Case
Thanks to Professor Friedman’s Religion Clause blog for the post about the federal government seeking Supreme Court review of the Ninth Circuit’s decision in Buono v. Kempthorne, No. 05-55852 (Sep. 6, 2007). In that case, the Ninth Circuit invalidated a land swap on Establishment Clause grounds. The Solicitor General’s cert petition suggests two Questions
Cert Petition in AmeriSource: Government Destruction of Evidence Seized From Innocent Third Party A Taking?
A pharmaceutical company whose legal prescription drugs were seized as evidence against a third party by the federal government which then let the expiration date pass rendering the drugs worthless, has petitioned the U.S. Supreme Court to review the Federal Circuit’s decision denying compensation. Amerisource Corp. v. United States, No. 08-497 (petition for cert.
HAWICA: No Private Right of Action to Enforce Land Use Laws
In a lengthy opinion, the Hawaii Intermediate Court of Appeals in Pono v. Molokai Ranch, Ltd., No. 28359 (Oct. 21, 2008), held that the State Land Use Law, Haw. Rev. Stat. ch. 205, does not create a private right of action allowing for non-governmental enforcement of the law. The court also held there
Settling Land Use Litigation: Private Agreements and Public Process
A worthwhile article in the latest edition of The Urban Lawyer about settling land use disputes with processes that may not adhere strictly to the usual permit consideration procedures. Here’s the summary from the ABA’s site:
Paul D. Wilson, Of Synagogues and Nude Juice Bars: Can a Municipality Settle Land Use Litigation Without a
Oral Argument Audio in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext (mp3)
The audio file (30mb mp3) of the Supreme Court of Hawaii oral arguments in County of Hawaii v. Richards, has been posted here. the appeal from two eminent domain actions on the Big Island of Hawaii.