Word comes our way that a bill has been introduced in the Hawaii legislature that would eliminate the primary jurisdiction doctrine and the requirement to exhaust administrative remedies for a narrow class of cases to allow a neighbor to “enforce zoning violations related to transient vacation rental on neighboring property.”
More On Florida’s Post-Koontz Legislation
Here’s more on that bill which we noted the other day that is making its way through the Florida legislature. The bill would prohibit Florida municipal and local governments from inserting a condition in a development permit unless the exaction is related to the “direct impact of a proposed development.”
The Fences Of Madison County: No Judicial Taking
No, not that Madison County, but rather Madison County, Montana.
In Public Lands Access Ass’n v. Bd of County Commissioners of Madison County, No. DA 12-0312 (Jan. 16, 2014), the Montana Supreme Court held that a riparian owner’s efforts to fence his land to keep the public from crossing it and accessing
Upcoming HSBA Appellate Section Program: “Oral Arguments – Tips And Insights”
Our Damon Key colleague Bethany C.K. Ace, is the Chair of the Hawaii State Bar Association’s Section of Appellate Law, and sends along this reminder of the Section’s monthly meeting and program:
Oral Arguments – Tips and Insights
Monday, March 3, 2014
12 noon – 1:00 p.m.
HSBA Conference Room
1100 Alakea Street
Maine: Beach Property Not Subject To Special Rules
Our thanks to a new colleague from the U. Maine Law School, who gave us the heads-up about a recent decision from that state’s supreme court about private ownership of beaches, Almeder v. Town of Kennebunkport, No. Yor-12-599 (Feb. 4, 2014).
Littoral property owners sued the Town to determine who owns certain portions of
Looks Like Hawaii Won’t Need To Count All Those Soldiers, Sailors, And Marines In The Next Reapportionment Anyway
Not only did the State win the reapportionment legal case in which it successfully argued that military personnel and their families who reside in Hawaii are not “permanent residents” and thus may be treated as outlanders and ignored for state reapportionment purposes [we represented the plaintiffs who challenged that scheme], but with the proposed defense
Inverse Schadenfreude: We Are Beaten To The Punch With Florida’s Proposal To Limit Exaction Demands
I have a long-running and good-natured contest with my Owners’ Counsel and ABA colleague Dwight Merriam about who gets items of interest “fastest with the mostest.” More than a few times has he sent me items, only to find out that we’ve already posted on the subject, or there is a post in the
Answering Brief In Stamper: Jury Decides Nollan/Dolan When A Factor In Compensation
Here’s the Answer Brief on the Merits, filed last week in the California Supreme Court in City of Perris v. Stamper.
That’s the case in which the court is considering whether, in the context of determining just compensation, the judge or the jury gets to decide whether a city’s exaction is something that
Book Review: Landed – China
text tesx Check out this new book by Hong Kong-based Christopher Dillon. He’s done several of these books before, one on Japan, and one on ___. And this is a worthy addition to the mix. It’s all about how to go about purchasing property in China.
Cal S. Ct. Brief: In Determining Compensation, Judge, Not Jury, Determines Reasonable Probability Of Nollan/Dolan Exaction
Here’s the Opening Brief on the Merits, filed last month in a very interesting and important case now pending in the California Supreme Court, City of Perris v. Stamper.
Update: Answering Brief posted here.
We reported on the Court of Appeal decision here. The court held that that in a condemnation action, the jury