October 2009

Beginning at 2pm EST on Wednesday, October 14 (thanks, noLandGrab) the New York Court of Appeals will hear oral arguments in Goldstein v. New York State Urban Development Corp., the latest case involving the controversial Brooklyn Yards development and Kelo-like claims of eminent domain abuse in an economic development taking. 

This post

In United States v. Milner, No. 05-35802 (Oct. 9, 2009), a panel of the Ninth Circuit held that littoral (waterfront) property owners in Washington state may be liable for common law trespass and for violations of the Rivers and Harbors Act of 1899 because their land has eroded and their “shore defense structures” (rip-rap

Liveblog On Tuesday, October 13, starting at 10:00 am (Hawaii Standard Time), the Hawaii Supreme Court will hear oral arguments in County of Hawaii v. Ala Loop Homeowners, No. 27707 (cert. granted Sep. 2, 2009) (order here). We will be covering the arguments live here

Details of the argument schedule are posted on

Our coverage of the Hawaii Supreme Court oral arguments will go live on Tuesday, October 13, 2009, at approximately 9:45 a.m., Hawaii time. 

<p>&lt;p&gt;&amp;lt;a href=”http://www.coveritlive.com/mobile.php?option=com_mobile&amp;amp;task=viewaltcast&amp;amp;altcast_code=7c50a56fae” &amp;gt;HAWSCT Ala Loop arguments 10-13-2009&amp;lt;/a&amp;gt;&lt;/p&gt;</p>

The property owner has filed a brief responding to the amici brief supporting the application for writ of certiorari which urges the Hawaii Supreme Court to review the Intermediate Court of Appeals’ decision in Unite Here! Local 5 v. City and County of Honolulu, 120 Haw. 457, 209 P.3d 1271 (Haw. Ct. App. 2008).

With apologies to Jeff Foxworthy, you might be a regulatory takings maven if…you instantly understood this post’s headline, and eagerly clicked through to read the story.

But you don’t have to be a takings nerd to appreciate the import of today’s Ninth Circuit decision in Los Altos El Granada Investors, v. City of Capitola

WavesOn Tuesday, November 10, 2009, at 9:00 a.m., the Hawaii Intermediate Court of Appeals will hear oral arguments in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175. The arguments will take place in the Supreme Court courtroom at Aliiolani Hale.

The ICA panel will consist of Judges Nakamura, Watanabe and Foley.


In today’s Honolulu Star-Bulletin, University of Hawaii lawprof David L. Callies responds to my September 20, 2009 review of Jeff Benedict’s book about the U.S. Supreme Court’s infamous Kelo eminent domain case, Little Pink House: a True Story of Defiance and Courage.

In In defense of taking land for public use, Callies