November 2014

To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.

Here are the links to the

The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002408 (Oct. 30, 2014), holding that there’s not really such thing as a “cross appeal” in administratve appeals (at least in the sense that “cross appeal” is usually used in appellate procedure).  

Quick facts:

Today, on behalf of the National Federation of Independent Business Small Business Legal Center, we filed this amicus brief in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014). The cert petition, filed on Kurtz’s behalf by the Institute for Justice, is posted here

That’s the case in

So, the President today announced support of “net neutrality,” which Wikipedia describes as “the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication.”

President Obama has come out

Here’s what caught our eye today:

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A big thank you to our friend and colleague from Detroit, Dan Dalton, who sent us a recently-published book which he authored, “Litigating Religious Land Use Cases.” 

This book discusses how to litigate such a religious land use case on behalf of a religious entity pursuant to the Religious Land Use and

Remember that 11th Circuit decision we posted earlier, in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause? There, the court held that the City’s ban on the construction of docks and piers (except, apparently, city-owned docks and piers) was not

If you are in the neighborhood on Wednesday, November 5, 2014 from 4:30 – 5:30 p.m., you may want to come by the University of Hawaii Law School to listen to the 2014 Distinguished Gifford Lecture in Real Property by Cornell lawprof Gregory S. Alexander, “Five Easy Pieces: Recurrent Themes in American Property Law