The Legal Information Institute at Cornell Law School — which previews U.S. Supreme Court cases — has published its summary of the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). The preview offers a neutral view of the issues and analyzes the arguments of the parties. Here’s
State Of Hawaii’s Reply Brief In SCOTUS “Ceded Lands” Case
The State has filed the final brief in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008), available here. The State argues that the Office of Hawaiian Affairs’ (and a majority of its amici’s) argument urging the Court to dismiss certiorari are “as baseless now as
Upcoming Seminar: Zoning, Subdivision And Land Development Law
There’s still time to register for the Zoning, Subdivision and Land Development Law seminar, to be held in Honolulu on February 20, 2009.
I’m presenting a session on “U.S. Supreme Court, Regulatory Takings and Eminent Domain Update.” My Damon Key colleagues are covering “Affordable Housing Exactions” and “Vacation Rentals” (Mark Murakami), “Rockfall and Landowner Liability”
Zoning And Land Use Round-Up
A collection of interesting reports on land use and zoning topics:
- Mission residents reject American Apparel (San Francisco Chronicle) – “Congratulations to the residents of Valencia Street. After a rowdy and sometimes misleading campaign, they managed to stop American Apparel – a socially conscious, popular, American-run clothing store – from moving into one of the
Kelo Backlash: Media Hype?
In “Positioning Politics: Kelo, Eminent Domain, and the Press,” an article in “Land and Power: The Impact of Eminent Domain in Urban Communities,” published by the Policy Research Institute for the Region (Princeton), the author asserts that the reporting on the Supreme Court’s decision in Kelo v. City of New London
Forbes On The SCOTUS “Ceded Lands” Case
Forbes.com posts “Supreme Court Cheat Sheet,” summarizing “five business cases” pending in the Supreme Court worth following. Included among those cases are Hawaii’s own “ceded lands” case. (Scroll 2/3 down the page. Also included is “In Pictures: Five Cases to Watch,” a slideshow.)
The article summarizes the case as follows:
Ninth Circuit In Honolulu Next Week
A panel of the Ninth Circuit (Judges Reinhardt, Brunetti, and Thomas) is riding circuit to Honolulu next week and will be hearing oral arguments at the downtown courtroom as well as at the U. Hawaii Law School. The court’s calendar is here.
Even More On Hawaii County’s Impact Fee … Whoops, I Mean “Fair Share”
Thanks to Kona Blogger Aaron Stene for sending this next item my way, a follow up to the previous two days’ reports from West Hawaii Today (posted here and here) about Hawaii County’s so-called “fair share” exaction system. In “Council reaffirms belief in fair share legality,” WHT reports:
The county’s Corporation Counsel
More On Hawaii County’s “Fair Share” Impact Fees
Following up on yesterday’s post about the West Hawaii Today series on the legality of Hawaii County’s “fair share” impact fee system, the paper posts three stories about the issue:
- How much, for what and when? (“The county may have illegally collected $7.4 million in fair share assessments from housing developers since the early
USSG’s Motion To Participate In Oral Argument In “Ceded Lands” Case
Following up on the earlier post New SG Unlikely To Alter Fed Gov’t’s SCOTUS Arguments In Ceded Lands Case, which noted that the new Solicitor General has sought leave from the Supreme Court to participate in oral argument and for divided argument, here’s the motion filed by the SG’s office on January 29, 2009