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
New HAWSCT Cert App: Williamson County Ripeness Requires Property Owner Change The Law
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
“How a vicious circle of self-interest sank a California city”
This article, “Special Report: How a vicious circle of self-interst sank a California city” doesn’t have that much to do with our usual topics, but it’s close enough that we thought we’d pass it along.
It’s one view about how San Bernardino ended up in bankruptcy, and it’s a devastating read.
Mark Your Calendars: 10th Hawaii Land Use Law Conference (Jan. 17-18, 2013)
Planning co-chairs Professor David Callies and Ben Kudo have once again assembled a stellar faculty and put together an agenda that covers
Supreme Court Again Focused On Property Cases?
Check out “Property rights take center stage in disputes over wetlands, flooding,” by Greenwire‘s Lawrence Hurley, asking whether the U.S. Supreme Court’s recent “flurry of activity” in property cases augurs a renewed interest in these issues by the Court, or is, as lawprof John Echeverria is quoted as suggesting, “serendipity.”
So far
Honolulu Rail: Set Phasers On Stun
Will the multi-billion dollar Honolulu rail project be halted by a federal court over a failure to adequately study the project’s possible effects on Chinatown and an old urban park/playground, or a failure to articulate the reasons why a tunnel under a major city street was rejected?
It might, but not just yet.
Today’s Order
Fed Court: City Failed To Consider Alternatives To Rail
The U.S. District Court for the District of Hawaii (Circuit Judge A. Wallace Tashima sitting by designation, because the entire Hawaii district court bench is recused) has issued an Order on Cross-Motions for Summary Judgment in the federal challenge to the Honolulu rail project.
More to follow after a chance to read it.
Our past
9th Cir: No Facial Penn Central Taking In Ordinance Creating Mobile Home Zoning
The three-part Penn Central test for an ad hoc regulatory taking tasks courts with evaluation of the economic impact of the regulation on the property’s use, the property owner’s distinct investment-backed expectations, and the character of the government action. Throw all of these “factors” into a pot, stir, and voila, the answer of whether
Brigham-Kanner Property Rights Conference Write Up
Here’s a slideshow and summary of the recent Brigham-Kanner Property Rights Conference, held at the William & Mary Law School in Williamsburg, Virginia.
Federal Circuit: Federal Gov’t Adequately Represents Enviros’ Rights
We love any opinion that begins with “[t]his case’s story started in 1942…” A typical long-fact-pattern takings case, perhaps? Well, not quite. This case, which we’ve been meaning to post for a while, deals with who is entitled to intervene in a takings case.