Environmental groups led by Earthjustice have sought leave to file an amici brief supporting the pending application for a writ of certiorari in the case involving the EIS for the Turtle Bay/Kuilima resort development, Unite Here! Local 5 v. City and County of Honolulu, No. 28602, which seeks review of the Intermediate Court of
2009
Transfer from ICA to Supreme Court
As noted in the story, we recently applied to the Hawaii Supreme Court for a transfer of the case from the Intermediate Court of Appeals to the Supreme Court, and for expedited consideration pursuant to Haw. Rev. Stat. § 11-52 (1993).
Transfer of an appeal from the ICA to the Supreme Court is mandatory…
New Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim?
Today, we filed an amicus brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City…
Latest In Maui Affordable Housing Exaction Case: Opps To Cross-Motions On Due Process
Upcoming Seminar: Practical Guide to Zoning and Land Use Law (9/16/2009)
On Wednesday, September 16, 2009, I’ll be on the faculty of “Practical Guide to Zoning and Land Use Law,” a day-long seminar in Honolulu. This is an annual program dealing with zoning approvals,constitutional limitations on land use regulations, and administrativeprocedure.
I will be leading sessions on “Current Case Law and Legislative Update,” and “Appealing an…
Connecticut Property Rights Ombudsman Falls To Budget Axe
We’ve just received word that the Office of Ombudsman for Property Rights is closed effective September 8, 2009 “[b]ecause of budgetary constraints.” The office was created two years ago “toassist[] private property owners and public agencies in understandingand applying the law in matters concerning eminent domain andrelocation assistance, including mediation.”
Kansas Supreme Court: Property Damaged For Public Use Requires Compensation
The constitutions and statutes of most states require just compensation to be paid whenever property is taken or damaged for public use. See, e.g., Cal. Const. art. I, § 19 (“Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has…
Can Government Use Inverse Condemnation To Take Property Without Compensation?
We can’t figure out this Kafkaesque decision from the Appellate Division of the New Jersey Superior Court. We really can’t.
In Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam), the court held that the government can assert inverse condemnation in order to take property without compensation.
If you had to read that twice…
Pretext In The District Of Columbia
Our Amicus Brief In The Florida Beachfront Takings Case aka The Judicial Takings Case
On September 4, we filed an amicus brief on behalf of Owners’ Counsel of America in 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.,998 So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
