Given that Honolulu voters recently approved a $4B-plus rail system, an article from the San Francisco Chronicle about a new California law encouraging “local governments and builders to concentrate growth in urban areas orclose to public transportation hubs in an effort to reduceCalifornians’ use of cars and lower their greenhouse gas emissions” should be
9th Circuit Takes Belt and Suspenders Approach to Takings and Due Process Challenge to Cal. Rent Control Ordinance
Revisiting a decision from September 2007, the Ninth Circuit revised the opinion in Equities Lifestyle Prop., Inc., v. County of San Luis Obispo (No. 05-55406), a decision we originally analyzed here. In the original decision, the Ninth Circuit affirmed the dismissal of a challenge to avoter-approved mobilehome “rent stabilization” (rent control) ordinance. The
Too Late For “Never Mind” in the Ceded Lands Case
On October 1, 2008, the U.S. Supreme Court agreed to review the Hawaii Supreme Court’s decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii,117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). That decision heldCongress’ “Apology Resolution” required the State of Hawaii to reach apolitical settlement with Native Hawaiians
Property Law Blog of Note
Head’s up on a property law blog I’ve been following for a while, but haven’t had a chance to “review” until now. It’s Grand Theft Property, the blog authored by Florida attorney James S. Mattson.
His posts include some of our favorite topics: regulatory takings, takings appeals, ripeness, and just compensation. Check it
“No, I’m Spartacus!”
Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas. Recall that in Western Seafood Co. v. United States,No 04-41196 (5th Cir., Oct. 11, 2006), the court held that aprivate-to-private transfer for economic development that wasaccomplished as part of a “carefully considered development
Best Plaintiff Group Name: Association of Irritated Residents
An opinion today from the California Fifth District Court of Appeals: Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist., No. F03956 (Nov. 11, 2008). The case involves whether a local air pollution control agency must “actively” assess the impacts of agriculture “volatile organic compounds” (aka cow waste) before adopting
Sierra Club Hawaii’s New Executive Director
New Cert Petition on Penn Central and (Yet Again) Williamson County
When four justices of the U.S. Supreme Court tell you that a case needs to be overruled, and district judges acknowledge the case “has led to a number of serious problems,” you know something is seriously wrong. Yes, we’re back to Williamson County.
Upcoming Event: “Ninth Circuit Practice Tips”
On Thursday, November 20, 2008 from 1:15 to 2:00 p.m., the Hawaii Chapter of the Federal Bar Association is sponsoring “Ninth Circuit Practice Tips,” featuring three judges of the U.S. Court of Appeals for the Ninth Circuit:
Hon. Mary M. Schroeder
Hon. Richard A Paez
Hon. N. Randy Smith
The court is in Honolulu this
Presenting: the Intermediate Court of Appeals of Hawaii (ICA)
Check out today’s Honolulu Star-Bulletin for “Change in law gives panel new influence,” a story about the Intermediate Court of Appeals, which is now the court of first impression for appeals-of-right in the Hawaii state court system. Until 2006, when the jurisdictional statute was amended to transfer primary responsibility to the ICA, the