In Klemm v. American Transmission Co., No. 2009AP2784 (Aug. 10, 2010), the Wisconsin Court of Appeals held that in order to obtain litigation expenses under a state statute which provides that a property owner may recover expenses if a condemnation award exceeds the “jurisdictional offer” by at least $700 and at least 15%, there
August 2010
Haw CJ v. 2.0
By Robert H. Thomas on
Posted in Appellate law
Associate Justice Mark Recktenwald will be the next Chief Justice of the Hawaii Supreme Court.
Last week, Governor Linda Lingle made the appointment, and barring a horrifying scandal emerging, he is a going to be deemed “qualified” by the Hawaii State Bar Association, and after a veritable love-fest, the Senate will consent. His…
CJ-Appointee Recktenwald’s Supreme Court Opinions
By Robert H. Thomas on
Posted in Appellate law
Barista’s note: This post is by our Damon Key colleague Rebecca A. Copeland. For those of you who have been following the process, Rebecca is familiar: she was present at the Judiciary Committee hearings when we live-blogged the Katherine Leonard confirmation. Her last post prior to joining Damon Key was as a Deputy Solicitor…
CJ-Appointee Recktenwald’s Supreme Court Opinions
By Robert H. Thomas on
Posted in Appellate law
Barista’s note: This post is by our Damon Key colleague Rebecca A. Copeland. For those of you who have been following the process, Rebecca is familiar: she was present at the Judiciary Committee hearings when we live-blogged the Katherine Leonard confirmation. Her last post prior to joining Damon Key was as a Deputy Solicitor…
Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
My Damon Key colleagues Mark Murakami and Tred Eyerly and I have posted our forthcoming essay Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches on SSRN here, containing our thoughts on Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the…
Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
My Damon Key colleagues Mark Murakami and Tred Eyerly and I have posted our forthcoming essay Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches on SSRN here, containing our thoughts on Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the…
State Zoning Statutes As “Environmental” Laws – More On HAWSCT’s Ala Loop Decision
By Robert H. Thomas on
In County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010), the Hawaii Supreme Court held that certain state zoning laws are “environmental” laws that may be enforced by private plaintiffs. The court held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a private right of action…
State Zoning Statutes As “Environmental” Laws – More On HAWSCT’s Ala Loop Decision
By Robert H. Thomas on
In County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010), the Hawaii Supreme Court held that certain state zoning laws are “environmental” laws that may be enforced by private plaintiffs. The court held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a private right of action…
Eagle On “The Really New Property: A Skeptical Appraisal”
By Robert H. Thomas on
Posted in Property rights
Lawprof Steven J. Eagle (Geo. Mason), author of the treatise Regulatory Takings, has a forthcoming article The Really New Property: A Skeptical Appraisal:
Thisarticle reviews recent scholarship invoking the prophetic tradition in Americanjurisprudence and calling for the transformation of property law. It contrastsimposed top-down social change with Burkean and Oakeshottian gradual changederived from…
Eagle On “The Really New Property: A Skeptical Appraisal”
By Robert H. Thomas on
Posted in Property rights
Lawprof Steven J. Eagle (Geo. Mason), author of the treatise Regulatory Takings, has a forthcoming article The Really New Property: A Skeptical Appraisal:
Thisarticle reviews recent scholarship invoking the prophetic tradition in Americanjurisprudence and calling for the transformation of property law. It contrastsimposed top-down social change with Burkean and Oakeshottian gradual changederived from…