Thanks to SCOTUSblog for posting the cert petition, filed on January 5, 2008, in Navajo Nation v. United States Forest Service, No. 08A368.
The petition seeks review of an en banc Ninth Circuit panel decision holding it was not a “substantial burden” on the religious exercises of Native American tribes for the Forest…
2008 saw no blockbuster court decisions on shoreline law, just a continuation of existing trends.
Setbacks
Shoreline setback are a “no build” zone on private beachfront property, measured from a “setback line.” Hawaii state law establishes a minimum shoreline setback, and the four counties are allowed to establish their own (greater) setbackstandards. In 2008, Kauai…
The Hawaii Supreme Court clarified when an agency hearing will be deemed to be a “contested case” in E & J Lounge Operating Co. v. Liquor Comm’n of the City & County of Honolulu,No. 27940 (July 29, 2008). The issue was whether, as the caption of the caseindicates, a public hearing before the Honolulu…
We aren’t officially an “environmental law” blog, and when we do cover the issue, it is mostly on the periphery. However, in 2008, we hit a couple of significant issues that had some relevance to land use law.
First, in the U.S. Supreme Court’s first decision of the Term, Winter v. Natural Resources Defense Council, …
I usually try to not take too seriously the headlines attached to a newspaper story or op-ed. After all, an editor — and not the reporter or op-ed author — may have written the headline, and it may be designed to grab a reader’s attention or focus on a part of the story the editor…
A round up of interesting and notable zoning decisions:
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