The County of Maui has filed its Answering Brief in Leone v. County of Maui, No. 29696, an appeal in the HawaiiIntermediate Court of Appeals which is considering, among other issues,the question of when a regulatory takings claim is ripe for reviewunder Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). The brief responds to the property owners’ Opening Brief (here).
Thetrial court determined the plaintiffs’ federal regulatory takings claim — which they brought in state court, as required by Williamson County — werenot ripe because they should have sought a legislative change to theoffending land use regulations which allegedly deprive their propertyof all economically beneficial uses. The trial court’s decision isavailable here.
The County’s brief argues the takings claims are not ripe for review because they “have not alleged nor can they demonstrate they have attempted to obtain necessary changes in the use designation of their property.” Brief at 26.
More details on the case and the issues here.
Disclosure: we filed an amicus brief (available here) on behalf of the property owners. The brief argues Williamson County only requires a “final decision” by the government applying existingland use regulations to the property, and a property owner is under noobligation to change the law before asserting her federal takings claim.
More to follow when further briefs are filed.