November 2012

Check out this story, Excelaron filed $6.24 billion lawsuit against SLO county, and the filing below.

$6.24 billion? According to the story, “[c]ounty Supervisor Adam Hill said the amount being sought makes this one of the largest, if not the largest lawsuit in San Luis Obispo County’s history.” 

We’d certainly hope so.

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nailhouseThis photo of a “nail house” in Wenling, People’s Republic of China is making the rounds on the internet. The reports (see also here for higher res photos) say that the homeowners refused to take the offers to sell, so the developer built the road around their house. “They are called “nail houses” because the

Here’s the property owner’s merits brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). 

This case presents two questions:

  • Whether the government violates the Takings Clause when it refuses to issue a land-use permit on the sole basis that the permit applicant did not accede to

As you know, yesterday the Supreme Court granted cert in Horne v. U.S.D.A., No. 12-123 (cert. granted Nov. 20, 2012), the third takings claim this season. As this article asked, what, if anything, is going on? Is it just “serendipity” or a “return to the norm” as two lawprofs quoted in the article

It looks like our crystal balls are working.

Wait, that didn’t come out the way we quite intended, so let’s rephrase. Recently, we and others suggested paying attention to the property rights cases on the Supreme Court’s cert docket, paying particular attention to a case out of the Ninth Circuit, Horne v. United States

Anyone who practices land use law is familiar with the primary jurisdiction and exhaustion of administrative remedies doctrines. These rules require courts to either dismiss claims or abstain from exercising jurisdiction unless and until an administrative agency has first developed the record and passed on the issues. If you’ve got notice of the action you

Believing that discretion was the better part of valor, we didn’t think there would be a challenge to the Hawaii Intermediate Court of Appeals’ opinion in Leone v. County of Maui, No 29692 (June 22, 2012). But we were wrong, and the County of Maui is going all in. 

Update Dec. 12, 2012: cert

13.LULHIIt’s back! Time once again for the bi-annual Hawaii Land Use Law Conference, to be held January 17 and 18, 2013 (Thursday and Friday) at the Downtown YWCA (a very convenient venue).

Planning co-chairs Professor David Callies and Ben Kudo have once again assembled a stellar faculty and put together an agenda that covers