The transcript of the June 2, 2008 arguments in the federal lawsuit challenging Maui’s affordable (“workforce”) housing exaction has been released. That hearing resulted in a lengthy opinion by the District Court holding that the plaintiff’s Nollan/Dolan claims were not ripe, and a recent order holding that the facial due process and equal
Insurance Law Hawaii Named a “Top 50 Blog for Insurance”
Insurance Law Hawaii, the law blog authored by my Damon Key colleagues Robert Harris and Tred Eyerly which covers insurance coverage issues, has been selected as one of LexisNexis’ Top 50 Blogs for Insurance.
“These blogsites contain some of the best writing out there on coverage,catastrophic loss, regulatory compliance, life insurance, health careand
Court Strikes Facial Due Process and Equal Protection Claims in Maui Affordable Housing Exaction Case
The US District Court for the District of Hawaii has granted (in part) the County of Maui’s motion for reconsideration of the court’s earlier order granting in part and denying in partthe County’s summary judgment motion. Here’s a copy of the court’s latest order.
The court entered summary judgment in favor of the
Speaking and Conference Faculty
Upcoming Events and Conferences
May 4, 2018
Arizona Condemnation Summit XXII (Phoenix, AZ)
April 19-22, 2018
Past Events and Conferences
January 2018
35th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference (Charleston, South Carolina) – Co-planning Chair and faculty.
Upcoming UH Law School Workshop on Preservation Laws
Mark your calendars for Saturday, September 27, 2008. Ka Huli Ao Center for Excellence in Native Hawaiian Law at the University of Hawaii School of Law will be presenting a workshop “Hawaii State Historic Preservation Laws: Reclaiming the Past, Shaping the Future.”
I will be speaking on “Background Principles and Paradigm Shifting: The
Ninth Circuit: Court Has No Jurisdiction to Review Corps’ Clean Water Act Jurisdictional Determination
Is a determination by the Corps of Engineers that property contains “waters of the United States” and is therefore subject to regulation under the Clean Water Act a “final agency action” subject to judicial review under the Administrative Procedures Act? According to the Ninth Circuit, no.
Ninth Circuit: Local Zoning Ordinance Does Not Conflict With Federal Statute
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
NRDC Brief in Navy Sonar 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
California Coastal Commission Brief in Navy Sonar Case
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
Kanner on Midkiff
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‘”.
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