The appellate courts in California haven’t been too friendly to the medical marijuana dispensaries when it comes to land use and zoning. See here, here for example (the latter case is being considered by the California Supreme Court, so we may see some major pronouncement this year).
Here’s the latest decision, City of Lake
Gideon Kanner reminds us of the passing of retired California Court of Appeal Justice Lynn “Buck” Compton, famous of late for his exploits as a hard-charging paratrooper in World War II (L.A. Times story here). Gideon writes about Justice Compton’s time on the bench:
No, we aren’t going to wax lyrical about the
In Town of Bozrah v. Chmurynski, No. SC 18424 (Feb. 14, 2012), the Connecticut Supreme Court held that in order for the town’s zoning enforcement officer to inspect private property, he must obtain an injunction (similar to a warrant in the criminal context) that is based on probable cause:
In conclusion, we hold that
Matthew King, the Honolulu lawyer at the center of Alexander Payne’s The Descendants, has two problems, one of which I will never have, and one of which, God willing, I hope never to have.
The first is his status as the sole trustee of an alii trust in possession of 25,000 acres of prime
In case you are working today (we are), here’s some light reading to distract you:
Today, on behalf of Owners’ Counsel of America, we filed this amicus brief in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922.
Did you know that when the U.S. Supreme Court began applying the rights in the Bill of Rights to the states (aka “selective incorporation”) that
This just arrived: in Edwards Aquifer Auth. v. Day, No. 08-0964 (Feb. 24, 2012), the Texas Supreme Court, applying the Penn Central test, held that the government is not entitled to summary judgment because “the three Penn Central factors do not support summary judgment for the Authority and the State. A full development of
Lawyers who deal with issues of navigability understand
those typically fact-intensive servitude cases involving reclamation and flood prevention projects, and the thigh-bone-is-connected-to-the-hip-bone tracing of waterways
Here’s an opinon you need to read if you are a navigability wonk, one of those lawyers who knows what the “equal footing doctrine” is, a Lewis and
Here’s one court that gets its doctrine right. Bonito Partners, LLC v. City of Flagstaff, No. 1 CA-CV 10-0819 (Feb. 21, 2012).
A property owner challenged a city ordinance that requires a landowner repair adjacent public sidewalks, else the city will do it and send the owner the bill, and if the landowner doesn’t
Ilya Shapiro from Matthew Bowler on Vimeo.
, Senior Fellow in Constitutional Studies at the Cato Institute and the Editor in Chief of the Cato Supreme Court Review, and a semi-regular speaker in Hawaii, recently gave an informal talk about the “Obamacare” challenges now pending in the U.S. Supreme Court. We haven’t covered the topic, but we found his talk to be worth sharing because, in Ilya’s words, “five weeks from now, the Supreme Court is taking up the most important case it’s had since Brown vs. Board of Education.”
Continue Reading Ilya Shapiro (Cato Institute), In Hawaii Speaking About Obamacare Supreme Court Cases