On Maui today to argue an eminent domain case, so haven’t had a chance to post up a new opinion. But in our down time between hearings and flights, we were able to do some reading of our colleagues’ stimulating blog posts. Check ’em out:
You Really Should File Your Inverse Condemnation Complaint In The County In Which The Land Is, But If You Don’t, That’s OK With The Washington Supreme Court
Ralph v. State of Washington Dep’t of Natural Resources, No. 88115-4 (Dec. 31, 2014), is a Washington-specific case because it involves the Washington Supreme Court’s view of a state statute governing where lawsuits “for any injuries to real property” “shall be commenced.” But since one of the claims brought by the plaintiff for flooding he
Star Trek (Or Not), Part III? – HAWSCT To Review Haleakala Telescope Case
January 10, 2015: A correction, with edits as noted below.
An astute reader has pointed out that there were actually three cases regarding the Haleakala telescope (two of them remain unresolved), and that we got them mixed up in our post.
The first, resolved by the Hawaii Supreme Court in this opinion, was whether
Nebraska Supreme Court Justices Conclude TransCanada Pipeline Bypass Of PUC Is Unconstitutional – Just Not Enough Of Them
We recently posted a summary of the TransCanada pipeline issue (currently splashed across the front pages nationally) by our Owners’ Counsel of America colleague William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen.
Today, in a highly anticipated decision (Thompson v. Heineman, No. S14-158 (Jan. 9, 2015)
You Snooze, You Lose: Pennsylvania Rejects Claim For Return Of Property Because Claimant Needs To Move Quickly
Commonwealth v. Allen, No. J-68-2014 (Dec. 29, 2014), the latest from the Pennsylvania Supreme Court, is not an eminent domain or an inverse condemnation case, but we’re posting it here because the dissenting opinions contain some neat language about the importance of property rights.
The case involved a guy who beat a criminal charge
Final Brief In Virginia Supreme Court Eminent Domain Case: DOT’s Precondemnation Statement Of Value Is Admissible
Here’s the property owners’ Reply Brief in Ramsey v. Commissioner of Highways, a case currently pending before the Virginia Supreme Court.
This is the case about Virginia’s statutory requirements in eminent domain cases. As
a prerequisite to a court exercising jurisdiction over a condemnation complaint, a state condemning agency must as an initial step
Property Rights Lawyer Among National Law Journal’s “Litigation Trailblazers”
Congratulations to friend and colleague Thor Hearne for his being named as one the Top 50 Litigation Trailblazers by the National Law Journal. Or should we say Rails-to-Trails-Blazer?
Readers of the blog are familiar with his guest posts (see also this one), our coverage of his work, and his own Federal
New RLUIPA Complaint vs Maui: “‘Integral Yoga’ Group and Swami Hope to Find Their Inner Balance in Federal Court”
Here’s the latest for you RLUIPA mavens, a complaint recently filed in Hawaii federal court by a Maui “integral yoga” temple and its leader against the County for not permitting it to use their site on Maui’s north shore for things like weddings and religious observations. Parking was the proffered reason, it appears.
Dwight
The “Big Eyes” Have It: Hawaii Courts Again In The Hollywood Spotlight
We’re going to start off 2015 slightly off-topic, a movie review. But rest assured, there is a small eminent domain connection.
Anyone who was around in the 1960s and 1970s remembers those paintings and prints of sad children with oversize eyes. They were ubiquitous. But they gave our young eyes dissonance. To us, “art”
Our Final 2014 Opinion Post: Vested Rights In North Carolina
Here’s that last case in our 2014 opinion queue, from way back in July. It’s also coincidentially the 2,500th post on the blog.
In Sawn Beach Corolla, LLC v,.County of Currituck, No. COA13-1272 (July 1, 2014), the North Carolina Court of Appeals considered vested rights and takings claims in a fact pattern than streched