The Cato Institute, the National Federation of Independent Business Legal Center, and the Pacific Legal Foundation have filed this amicus brief supporting the property owners in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The brief argues:
In the opinion below, the Florida Supreme…
My colleague Mark Murakami who blogs at hawaiioceanlaw.com will be covering today’s oral argument in the Hawaii Supreme Court case Dupree v. Hiraga, No 29464, the appeal regarding whether the State Board of Registration (County of Maui)correctly concluded that a Maui County councilperson who registered tovote as a Lanai resident is actually a …
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The property owners have filed their merits brief in the beachfront takings case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The case presents three questions:
TheFlorida Supreme Court invoked “nonexistent rules of state substantivelaw” to reverse 100 years of uniform holdings that littoral…
Here’s the latest in the Maui affordable housing case now being litigated in the U.S. District Court, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The case is a challenge to the County of Maui’s “workforce housing”ordinance, enacted in in 2006, which imposes a40% to 50% affordable requirement on…
Kauai attorney Charles A. Foster, who already covers legal issues (and more) on his Planet Kauai blog, has been lured over completely to the Dark Side and has launched a law-only blog about Hawaii appellate law, named — appropriately enough — the Hawaii Appellate Law Blog. The blog promises to provide:
analysis and commentary…
In Kaiser Aetna v. United States, 444 U.S. 164 (1979), a case won by my Damon Key partners Charlie Bocken and Diane Hastert, the Court held the navigational servitude does not create a “blanket exception to the Takings Clause whenever Congress exercises its Commerce Clause authority to promote navigation.” The servitude gives the…
From The Destin Log, the hometown newspaper from the location of the U.S. Supreme Court case on judicial takings and beachfront land (Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009)), comes the report “Destin may be Sotomayor’s first test: Analysts think new justice …
Update: 8/6/2009, 8:00 a.m. HST: our servers are up. If you sent something earlier but didn’t get a response, please resend.
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8/6/2009, 5:00 a.m. HST: We’re not ignoring you: the hawaiilawyer.com email servers are down for the second night in a row. If you are trying to email us, please stand by, your messages…
A press release from Develop Don’t Destroy Brooklyn links to the opening brief filed recently by the property owners who object to the taking of their property for the Atlantic Yards “redevelopment” project in Brooklyn in Goldstein v. New York State Urban Dev. Corp.
Here’s the summary of the issues presented in the brief:…
