We knew that, but in case you didn’t take our word for it, here’s a judge from the New York Supreme Court’s Appellate Division to tell it like it is. In Uptown Holdings, LLCC v. City of New York, No. 2882 (Oct. 12, 2010), the Appellate Division held that the city’s Department of
January 13 & 14, 2011: 5th Hawaii Land Use Law Conference
Mark your calendars for January 13 and 14, 2011 for the 5th Hawaii Land Use Law Conference, to be held in Honolulu. Yes, it’s a few months away, but this is the Big One, it only comes around every two years, and you don’t want to miss it.
The program chairs are Professor David Callies
10/21/2010 Webconference: Eminent Domain After Kelo
On Thursday, October 21, 2010, from noon to 1:00 p.m. EDT, please tune in for the free web conference “The Whacky and Wonderful World of Eminent Domain After Kelo.”
I’m not sure I can live up to making eminent domain “whacky and wonderful,” but I will be speaking about what the Court in Kelo
New Book: Callies, Regulating Paradise – Land Use Controls In Hawaii (2d ed. 2010)
University of Hawaii lawprof David L. Callies needs no introduction to the readers of this blog. He’s one of the deans of the national and international land use bar and professoriate, but those of us who practice land use law in Hawaii consider him our special mentor (dare I say guru?) when the topic of Hawaii land use law is raised. Virtually every dirt lawyer practicing here has studied under or with him.
Those of us who consider this area of law our calling have for years looked forward to an update of Regulating Paradise, his seminal book on Hawaii’s complex and multi-layered system of land use and regulation.
Well wait no further. The University of Hawaii Press has published the second edition of Professor Callies’ essential work. Purchase your copy here (a mere $22). Here’s the Introduction.
We haven’t had an opportunity to pore through the nearly 400 pages of text (illustrated with the irreplaceable Corky Trinidad‘s editorial cartoons), so a more complete review will follow once we’ve had a chance to do so. In the meantime, voices more eminent than our own have weighed in:
“A masterful analysis of [Hawai‘i’s] land use laws.” —Daniel R. Mandelker, Stamper Professor of Law, Washington University, St. Louis
“Essential reading for all who seek to understand how land use is regulated in Hawai‘i or to apply the lessons learned there to other states.” —Dan Tarlock, Distinguished Professor of Law, Chicago-Kent College of Law
“A must-read for both neophyte and veteran legal practitioners. Callies’ in-depth and insightful explanations and commentaries on Hawai‘i’s complex land use and planning laws provide a road map for understanding the state’s multi-layered regulatory scheme.” —Benjamin A. Kudo, Ph.D.
“With this magnificent new work, and its far ranging, comprehensive analysis – from the feudal land holdings of the monarchy to regulating McMansions – Professor Callies teaches and entertains us with tales of success and failure in Hawaiian land use and development law. There are lessons here for every one of us, all across this country.” —Dwight Merriam, Robinson & Cole
If the second edition is anything like the first, Regulating Paradise will occupy an frequently-used spot on our back bookshelf. More to follow.
Continue Reading New Book: Callies, Regulating Paradise – Land Use Controls In Hawaii (2d ed. 2010)
New Book – social.lawyers: Transforming Business Development (2010)
I’m going to deviate a bit from the usual blog topics to point you to a recently-published book about the use of social media by lawyers.
The book is social.lawyers: Transforming Business Development (West 2010), by legal marketing expert Jayne Navarre. It is available for purchase through West here.
First off, this will
Creative Takings Lawyering, Part II – Arizona Prisoners Have A Property Right In Their Wages, But Not That Much Of A Property Right
Shades Of Loretto From The New York Appellate Division
Takings lawyers know Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982) stands for the proposition that a regulation allowing a physical invasion of private property — no matter how de minimus the invasion might be — is a per se regulatory taking. In those instances, the right to exclude is such a
Williamson County Unbound: Takings Case Starts In State Court, Is Removed To Federal Court, Is Certified To State Court, Which Decides The Case On Federal Law
Here’s a case that reveals exactly what is wrong with the Supreme Court’s ripeness doctrine in Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985). As we noted in this post, it’s “a seemingly endless procedural game where property owners are forced to keep guessing which shell the pea is
Cert Petition In Columbia “Blight” Case: Are There Any Limits To Eminent Domain In New York?
In a case that could write the next chapter in the Kelo saga, the property owner recently filed this cert petition asking the U.S. Supreme Court to review the decision of the New York Court of Appeals in the Columbia “blight” case, Kaur v. New York State Urban Development Corp., No. 125 (June 24
Jersey Shore Belongs To The Public, Not Private Owners
No, thankfully this post is not about the MTV show, but who owns the new dry sand created when the government “replenishes” beaches. In a case reminiscent of the U.S. Supreme Court’s decision in Stop the Beach Renourishment v. Fla. Dep’t of Envt’l Protection, 130 S. Ct. 2592 (2010), the New Jersey Supreme