Act 2’s Achilles Heel: Short Time Frame
The court also found it significant that Act 2 granted”large capacity ferry vessel companies” benefits for only a limitedamount of time:
In contrast, the Bulgo court considered anAct that was unlimited in duration. As such, it was possible thatfuture circumstances would require another county to exercise…
The court distinguished the lone case in which itinterpreted the term “general law” in a challenge to a statute passed by the statelegislature to allow Maui County to hold a special election after acouncilmember died between his election and taking office. Bulgo v. County of Maui,430 P.2d 321 (Haw. 1967). The statute in that…
In Hauselt v. County of Butte, No. C054927 (Mar. 23, 2009), the California Court of Appeal held
The property owner asserted the County inversely condemned its property by implementing a drainage plan which resulted in the land being flooded more often than usual, and that the County denied his proposal to develop the property.
Following up on this story, West Hawaii Today reports “Attorneys argue against Supreme Court ruling on bypass,” about whether a second attempt to condemn property ostensibly for a road ispretextual when the court determined the first attempt was unconstitutional and nothing changed:
Attorneys for the Richards family and theCoupe Trust, in documents…
Professor James Ely (who among other things, is the author of The Guardian of Every Other Right: A Constitutional History of Property Rights) writes “A Report Card on Post-Kelo Eminent Domain Reforms” at the Oxford University Press blog. He notes the “decidedly mixed” legislative reactions to Kelo, and how many apparent…
A cert petition has been filed seeking review of Joy Builders, Inc. v. Town of Clarkstown, 11 N.Y.3d 863 (2008). That decision was summarized by Professor Patty Salkin on the Law of the Land blog here. The New York Court of Appeals refused to hear the case, ordering “Appeal dismissed without costs, by…
The U.S. Supreme Court today issued an order denying review in AmeriSource Corp. v. United States, No. 08-497 (cert. petition filed Oct. 15, 2008), the case which asked “[w]hether it is a taking compensable under the Fifth Amendment for the Government to seize (and not return) an innocent third party’s propertyfor use as evidence in…
As reported in this story from West Hawaii Today, a Hawaii trial court is considering whether a second attempt to condemn property ostensibly for a road is pretextual when it determined the first attempt was unconstitutional. Disclosure: we represent the property owner in this case.
“Classic” Uses Not Immune
In County of Hawaii v. C&J…
For those who couldn’t watch it live, the Hawaii public television station has posted a video of yesterday’s broadcast of a discussion about the “ceded lands” case. The program includes Hawaii Attorney General Mark Bennett who argued the case for the state, and Sherry Broder, the attorney for the Office of Hawaiian Affairs.
The modified opinion in Building Industry Ass’n of Central California v. City of Patterson, No. F054785 (Cal. Ct. App. Mar. 2, 2009), a case we summarized here, has been further modified in this order. The latest modifications do not alter the judgment that the a city could notincrease an in-lieu affordable housing…
