The District Court has denied cross-motions for summary judgment on the due process claims in the case challenging Maui County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The court’s order is available here.
The court’s denial focused mostly on procedural issues and the…
Update: the Hawaii Supreme Court’s unanimous opinion affirming that “immedeately forfeit” means the circuit court has the power to declare that a council seat is vacant, is here.
Yesterday, we filed the Opening Brief on behalf of Lanai residents and voters in their appeal from the Maui circuit court’s dismissal of their complaint that…
Brevard County, Florida, has filed an amicus brief supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
In Walton County v. Stop the Beach Renourishment, Inc.,998So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
Four amicus briefs have been filed in Macerich Management Co. v. United Brotherhood of Carpenters and Joiners of America Local 568, No. 09-235 (cert. petition filed Aug. 24, 2009), urging the Supreme Court to review United Brotherhood of Carpenters and Joiners of America Local 848 v. National Labor Relations Bd., 540 F.3d 957…
In a lengthy opinion — it comes in two volumes — the Ninth Circuit again takes on a mobile home rent control ordinance, this time with a better result than usual for the property owners. The court determined the ordinance worked a taking, and remanded the case for a calculation of just compensation. Guggenheim v. …
Update: we confirmed with the Clerk that the arguments are on Tuesday, October 13, 2009, and not on “Thursday” October 13 as noted on the Judiciary web site. We will be live blogging the arguments starting at about 9:45 a.m., Hawaii time.
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On Tuesday, October 13, 2009 at 10:00 a.m.…
On October 16, 2009, the U.S. Court of Appeals for the D.C. Circuit will hear arguments in Rumber v. District of Columbia, No. 09-7035, an appeal challenging an attempt to take property by the District of Columbia and the National Capital Revitalization Corporation. Note: in 2007, the District abolished the NRDC, and the Districtsubstituted…
Remember that kid in grade school, the one who misbehaved behind the teacher’s back and then when he turned around, the kid sat back silently while you took the blame? If like me you still remember that kid, we’ve got a case from the Washington Supreme Court for you, Noble v. Safe Harbor Family Preservation …
The Spring 2009 edition of The Urban Lawyer, the ABA Section of State & Local Government Law’s peer-reviewed quarterly law review, is now available on-line. This edition focuses on fair housing testing and Fair Housing Act issues. Abstracts of the articles and case summaries are available here. ABA members may grab pdf’s of…
The property owners and the County of Maui have filed their opposition and reply briefs regarding the cross motions for summary judgment 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…
