September 2011

SLGN_cover_9_2011 The Fall edition of State & Local Law News features my article on the U.S. Supreme Court’s recent decisions in Carrigan and Guarnieri. From the Introduction: 

The U.S. Supreme Court decided two First Amendment cases this Term of special interest to attorneys practicing state and local government law. In Nevada Comm’n on Ethics v.

In a cert petition filed yesterday, five Hawaii taxpayers argue that they have standing to challenge the constitutionality of property tax exemptions conferred on lessees of Hawaiian Homesteads. Only “native Hawaiians” are eligible to lease homestead land, and thus only those possessing the appropriate blood quantum are entitled to the tax exemptions.

The petitioners

Thanks to the Rocky Mountain Appellate Blog for pointing out the Colorado Supreme Court’s recent opinion in The Glenelk Ass’n, Inc. v. Lewis, No. 10SC275 (Sep. 12, 2011), an important decision about the standard of proof in private-way-of-necessity condemnations. The court concluded that a property owner who claimed to be “landlocked” could not condemn

No, it’s not a takings claim, so Williamson County ripeness isn’t a part of the opinion. In Potrero Hills Landfill, Inc. v. County of Solano, No. 10-15229 (Sep. 13, 2011), the Ninth Circuit held that the Younger abstention doctrine did not prevent the district court from considering a § 1983 claim for declaratory and

 

This is not what we normally do. We do land use, real estate, development law. Heck, I can get you zoning to be an airport if that’s what you want. But I don’t represent inmates, I don’t represent people charged with crime, I don’t represent criminals.”

                                     — Land use lawyer Joshua