A good read from the LA Times, “DWP lawsuits over water rights may put the squeeze on Mammoth Lakes,” about Los Angeles’ Chinatown-esque efforts to (further) control water rights in the Eastern Sierra. For another angle on a related issue, see this post from the Legal Planet blog.
See, Hawaii doesn’t…
The Courrt has denied certiorari in Corboy v. Louie, No. 11-336, the case asking the Court to review the Hawaii Supreme Court’s dismissal of a challenge to the property tax exemptions conferred on lessees of Hawaiian Homesteads. The petitioners claim this is an unconstitutional race-based classification, but the Hawaii Supreme Court dismissed for lack…
We haven’t followed the Obamacare cases except as interested observers, and have largely avoided digging deep into the opinions, preferring to allow minds immeasurably superior to ours to provide the high-altitude view. However, we naturally scanned the majority opinion for any tie-in to our favorite topic, eminent domain.
Starting on page 33, the Chief…
Here’s the petitioner’s merits brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), a case from the Federal Circuit that we’ve been watching.
In a 2-1 decision, the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did…
Here’s a key amicus brief in support of the cert petition in CCA Associates v. United States, No. 11-1353 (cert. petition filed May 8, 2012). In that case, the Court of Federal Claims concluded that it was a taking for Congress to prohibit a property owner from prepaying a government-issued mortgage, which required it…
Lost in all the excitement over today’s ruling in the the Obamacare case that turned out not to be today, is this little tidbit for those from Hawaii. The Court yet again did not make a decision whether to grant cert in Corboy v. Louie, No. 11-336, which had been scheduled for last…
This just in: in Leone v. County of Maui, No. 29696 (June 22, 2012), the Hawaii Intermediate Court of Appeals held that a plaintiff alleging a regulatory taking is not required to seek an amendment to a Community Plan in order to ripen her claim. A CP amendment is a legislative act, and plaintiffs…
Thanks to the Land Use Prof Blog for getting the word out about the most recent documentary from filmmaker Gary Hustwit, “Urbanized,” which will have its Hawaii premier this weekend as part of Interisland Terminal‘s “Manufacturing Reality” film series.
The film examines how cities are designed — whether on purpose or though…
A must read: our Owners’ Counsel of America colleague Michael Rikon, the doyen of New York’s eminent domain bar, has published “I Represented The Devil Of Brooklyn,” in the Practical Real Estate Lawyer. As Mike writes, “it wasn’t a demonic fight in front of the hot dog line at Nathan’s in…
