The City and County of Honolulu has filed a petition for writ of certiorari in Matsuda v. City and County of Honolulu, No. 06-15337 (9th Cir. Jan. 14, 2008), asking the U.S. Supreme Court to review the case. We don’t have a copy of the cert petition yet, but when we do, we’ll post
Book Review: Bulldozed – “Kelo,” Eminent Domain, and the American Lust for Land
“If you can fight blight, why not create beauty? If not beauty, why not bounty?“
With that phrase, author Carla T. Main, in Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land,accurately and succinctly sums up the devolution of the Supreme Court’sview of the role of judicial review in eminent
Condemnation Blight and Clouding Use
On the topic of the Willets Point case, inequitable precondemnation activities, and condemnation blight, thanks to Professor Gideon Kanner for reminding us of his seminal article on the subject, Condemnation Blight: Just How Just Is Just Compensation?, 48 Notre Dame Law Review 765 (1973) (the Notre Dame Law Review was then called the Notre
Blighting Property by Inequitable Precondemnation Activities
Thanks to No Land Grab for informing us of the latest eminent domain action from New York City, this time with an interesting twist. In Willets Point Industry and Realty Ass’n v. City of New York, No. 08-1453 (E.D.N.Y. filed Apr. 9, 2008), land and business owners in Queen’s, N.Y. filed a federal court
The View From the Office (a few minutes ago)
Apropos of nothing relating to the usual topics of this blog is this view from my office window a few minutes ago. But I thought I would share it anyway.
Opening Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
Today, we filed the Opening Brief in County of Hawaii v. Richards, No. 28882, the consolidated appeal from two eminent domain lawsuits filed by the County in 2000 and 2005. I won’t go into detail about the case and will let the brief speak for itself since I am part of the legal team
Oral Arguments in ICA Appeal on Kuilima EIS (mp3)
Merits Briefs in Upcoming ICA Appeal on Kuilima Resort Environmental Impact Statement
On April 9, 2008, the Hawaii Intermediate Court of Appeals will be hearing oral arguments in Unite Here! Local 5 v. City and County of Honolulu, No. 28603, the appeal involving the question of whether the City should have required the Kuilima Resort to prepare a supplemental Environmental Impact Statement. Here are the main
Cases and Links From Today’s Seminar
To all those who attended today’s seminar, thank you. Here are the links to the cases I mentioned. From the morning session on Case Law Update:
- Wilkie – Government Gone Wild! – no comprehensive federal remedy for federal interference with property
- My Advertiser op-ed on Wilkie
- Crown Point – Ninth Circuit abandons Armendariz doctrine
- Cine
Discretion Wins Out Over Valor in Half Moon Bay Inverse Condemnation Case
Remember that whopping $36.8 million inverse condemnation judgment against the City of Half Moon Bay, California by the U.S. District Court back in November 2007? Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007). The city said at the time it was going to appeal, and it hired some