We’ve been loosely following the Senate Judiciary Committee’s hearings on the nomination of Judge Sonia Sotamayor as an Associate Justice of the Supreme Court, and reading selected testimony and commentary on the subject. We say “loosely” since confirmation hearings are more political theater and an opportunity for each side to educate the public about its
HAWSCT On Nonconforming Uses: You Can’t Change What You Didn’t Establish
What do you call an appeal in which the Supreme Court doesn’t address any of your five questions presented?
If you are the petitioner’s attorneys in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (July 13, 2009), you’d call it “victory.”
In that case — which was
National Constitution Center Podcast On Kelo
The National Constitution Center regularly posts “We The People Stories,” podcasts of “nationally recognized leaders debating and discussing the Constitution.”
The latest is about Kelo and eminent domain, and is well worth a listen.
Here’s the summary:
A conversation about Kelo v. City of New London four years after the Supreme Court’s highly controversial 5-4
Sotomayor On Takings And Property Rights Issues
The Senate’s hearings on Circuit Judge Sonia Sotomayor’s nomination as an Associate Justice of the U.S. Supreme Court begin today. Here’s our summary of cases in which she was involved as a circuit and district judge on the issue.
If confirmed, we may find out her thinking about regulatory takings very soon, because in its
Field Of (Broken) Dreams In New London?
That now-cliched line from Field of Dreams, “if you build it they will come” (actually, it’s “he will come,” but work with us here) seemed to be the driving force behind the New London Development Corporation’s plans for the Fort Trumbull neighborhood when it wanted to condemn the homes of Susette Kelo and
Florida Supreme Court: Property Owner’s Off-Site Mitigation Taken Into Account In Calculating Business Damages From A Partial Take
In System Components Corp. v. Florida Dep’t of Transportation, No. SC08-1507 (July 9, 2009), the Florida Supreme Court resolved a conflict in the lower Florida courts regarding the application of business damages in a condemnation case under Florida Statutes § 73.071(3)(b). The court held that a business is not required to relocate as
Court Of Federal Claims: Feds Liable For $5.8M Inverse Condemnation For Flooding
I don’t know of anyone who looks forward to reading 61-page single-spaced opinions. I know I sure don’t. But that’s the nature of the beast in decisions after a bench trial by trial courts, which are tasked with processing the facts and applying the law after hearing days, weeks, or months of evidence and argument.
The Verified Complaint In Equity: The Declaration Of Independence
We know lawyers are easy targets (we enjoy lawyer jokes as much as the next person, i.e., What’s the difference between a good lawyer and a great lawyer? A good lawyer knows the law; a great lawyer knows the judge.). Still, on the day we celebrate independence, we note that author Thomas Jefferson and
HAWSCT To Review Residency Challenge: Is Intending To Live Somewhere Enough To Be “Residing” There?
Update 7/15/2009: The Supreme Court will hear oral arguments on Thursday, August 20, 2009, from 9:00-10:00. Here’s the notice.
The Hawaii Supreme Court has agreed to hear the appeal regarding whether the State Board of Registration (County of Maui) correctly concluded that a Maui County councilperson who registered to vote as a Lanai resident
PropertyProf’s Summary Of The SCOTUS Beachfront Takings Case
In What’s At Stake in Stop the Beach Renourishment, Lawprof D. Benjamin Barros posts a comprehensive summary of “judicial takings” case accepted for review by the US Supreme Court, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). Raises several interesting points and worth