A reminder: the 11th annual Brigham-Kanner Property Rights Conference is coming up on October 30-31, 2014, at the William and Mary Law School in Williamsburg, Virginia. As we noted earlier, Michael Berger will receive the Brigham-Kanner Prize, so this one is special – he’s the first practitioner to receive the Prize.
More here, from
Today must be election contest day at the Hawaii Supreme Court. We say that because the court today disposed of all three election contests which were filed stemming from the postponed Puna precincts primary and other primary election problems.
Earlier, we posted the court’s order dismissing for lack of subject-matter jurisdiction the original jurisidiction action
Here’s the Order Granting Motion to Dismiss, just filed in Lathers v. Abercrombie, No. SCOT-14-0001069 (Aug. 28, 2014).
That’s the original jurisidiction action filed by several voters from Puna and the ACLU Hawaii, which asked the court to allow them to vote because they were prevented by the tropical storm which whacked the
Here’s our latest article, from the upcoming edition of The Practical Real Estate Lawyer, via ALI-CLE.
Despite its grand title, “A Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice,” its just a short piece that asks whether just compensation is the next big thing, identifies three issues in
Remember that case which we posted about earlier, in which the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance by the property owners? Not only did we post on the case, but it made national waves, also.
The City
Update: an astute reader notes that “election contests” in the Hawaii Supreme Court actually have their own separate designation in the case numbering system, “EC.” Thus, a election challenge is labeled as “SCEC-xxxxxxx.” Which means that, for whatever reason, the ACLU’s case which we posted on below and earlier was not labeled as an
Yesterday at 4:30 p.m. was the statutory deadline for instituting an “election contest” in the Hawaii Supreme Court to challenge last Friday’s postponed Puna precincts primary (say that quickly five times).
As those of you who have been following along know, the state’s Chief Election Officer determined that voting would remain open in two Big
Here’s an opinion from the California Court of Appeal, issued last month but unpublished, which was recently ordered published by the court. It’s a lengthy (38 pages) and somewhat detailed opinion, but for those of you who do eminent domain, it’s a worthy read because it covers many bases, and covers them well.
First, the
Tennessee Supreme Court, Nashville
In Phillips v. Montgomery County, No. M2012-00737-SC-R11-CV (Aug. 18, 2014), the Tennessee Supreme Court held that a property owner could recover under the state’s inverse condemnation statute, Tenn. Code Ann. § 29-16-123, for a regulatory taking:
We hold that, like the Takings Clause of the United States Constitution, article I
Pasadena, California, in addition to loving roses, apparently loves trees.
The city owns 60,000 street trees, and as the City Arborist testified in City of Pasadena v. Superior Court, No. B255800 (Aug. 14, 2014), “the City catalogued these trees in a database, that he ‘headed an urban tree maintenance program,’ and that