2008

An interesting decision from the California Court of Appeals (First Appellate District) about a distinct branch of inverse condemnation law — government liability for flooding and erosion. 

Generally, any physical invasion of property by or caused by the government, no matter how small, is compensable, either in eminent domain, inverse condemnation, or tort.  See…

Here is what the ripeness requirements of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985) have brought us: a seemingly endless procedural game where property owners are forced to keep guessing which shell the pea is under, all the while paying their attorneys to litigate matters having nothing to do…

The property owner has filed its brief in oppositionto the County of Maui’s motion for reconsideration of the court’s recent decision in the federal court challenge to the County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE.  We wrote about the case earlier here (contains a…

In Moreno v. City of Sacramento, No. 06-15021 (9th Cir. July 28, 2008), the Ninth Circuit clarified the rules for calculating “prevailing party” attorneys fees in civil rights cases under 42 U.S.C. § 1988.  The district court rejected the plaintiff’s claim, and reduced both the number of hours the plaintiff’s attorney claimed, and…

A noteworthy case from the North Carolina Court of Appeals about the limits of Euclidean zoning.  Although the decision was issued in March 2008, it seems no one else has posted on the case, so we will. 

In City of Wilmington v. Hill, 657 S.E.2d 670 (N.C. Ct. App. 2008), the court struck…

The County of Maui has asked the federal court to reconsider its recent order granting in part and denying in part the County’s summary judgment motion.  A Maui property owner challenged the County’s “workforce housing” exaction ordinance, which requires a property owner to commit 40% to 50% of the unitsin most new housing developments to…

In D & D Land Holdings v. United States, No. 06-877L (filed under seal: June 25, 2008, reissued: June 30, 2008), the Court of Federal Claims held the landowner’s claim that the Border Patrol’s activities on its land resulted in a compensable Fifth Amendment taking was not barred by the six-year statute of limitations…