2008

The US Supreme Court today denied review to three cases we’ve been following:

  • Goldstein v. Pataki, No. 07-1247 (petition for cert. filed Mar. 31, 2008) (pleading pretext post-Kelo) – Justice Alito would have granted the petition.  Justice Alito had not been appointed to the Court at the time of Kelo, so

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The speed of information on the internet sure is fast.  I was preparing a post summarizing the recent Court of Federal Claims decision in Estate of Hage v. United States,No. 91-1470L (May 6, 2008), which awarded Nevadaproperty owners several million dollars in just compensation for the taking of theirvested water rights by the federal…

The property owner has filed a Petition for Rehearing and Suggestion for Rehearing En Banc in AmeriSource Corp. v. United States,No. 07-1521 (Fed. Cir. May 1, 2008). 

In that case, the Federal Circuit held that when an innocent party’sproperty is seized for use in a criminal prosecution but never used as evidence, no FifthAmendment…

Several items today with a common theme of eminent domain and public use –

  • PropertyProf Blog posts a link to Professor Richard Epstein’s latest article, “Public Use in a Post-Kelo World.”  I agree with Professor Barros’ recommendation: “Given the author, obviously a must-read for anyone interested in public use issues.”
  • The Honolulu

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Kauaisprings2 Yesterday, we filed the Reply Brief in Kauai Springs‘ appeal from the January 2007 decision by the Kauai Planning Commission to deny three zoning permits to the small, Kauai-family-owned water bottling company.

For more information about the case, here are some links to earlier media coverage:

  • A May 2006 story about the case from

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Today my Damon Key colleagues Mark Murakami, Christi-Anne Kudo Chock, and I filed for the Ocean Tourism Coalition a brief amicus curiae (88kb pdf) in the US Supreme Court supporting the petition for writ of certiorari filed in UFO Chuting of Hawaii, Inc. v. Smith, No. 07-1427 (petition for cert. filed May 12…