Here’s one that isn’t about land use, but should be of interest to Hawaii land users, since so much of what we do is tied up in the Administrative Procedures Act.
Hawaii’s APA can be a trap for the unwary: if you run to court to challenge what you believe is the agency’s appealable action, you
We’ve already weighed in on how the Court of Federal Claims’ decision holding that the government’s takeover of AIG was an illegal exaction, but that it wasn’t a taking. But here are the thoughts of others:
Opinions reversing grants of summary judgment tend to be unexciting by nature because they are all about whether one side or the other submitted enough evidence to create a factual dispute that a jury must resolve. Civil procedure mavens rejoice, but the substantive law in the opinion can be dry. The latest inverse condemnation case
You remember that Ingrid Bergman and Charles Boyer classic “Gaslight,’ in which Bergman’s character is driven by her manipulative husband to doubt her own grip on reality? It gave rise to the term “gaslighting,” which, according to Wikipedia, is “a form of mental abuse in which information is twisted or spun
This just crossed our desk in a case we’ve been following (link includes the numerous merits and amicus briefs filed in the case), the California Supreme Court’s opinion, authored by the Chief Justice in California Building Industry Ass’n v. City of San Jose, No. S212072 (June 15, 2015).
The bottom line is the court
The Court of Federal Claims has issued its Opinion and Order in the AIG takings case, which we have been following. This is the case brought by “uberlawyer” David Boies. Background on the case, here, including pleadings, and audio of a talk we gave about the case to the ABA. At the
“It’s Frank’s world, we just live in it.”
– attributed to Dean Martin, about Frank Sinatra
A narrowly drawn opinion from the Supreme Court in Horne v. Dep’t of Agriculture, No. 14-275, argued in April and to
A few years back, we posted the Wisconsin Supreme Court decision holding that airspace is property under Wisconsin law, Brenner v. New Richmond Regional Airport Comm’n, 816 N.W.2d 291 (Wis. 2012). The property owners argued that a runway extension project — which condemned a portion of their property which was zoned commercial-industrial, but used
Remember that case we posted on a few months ago, where the Texas Supreme Court was asked to review the issue of whether trial courts have jurisdiction to supervise eminent domain cases which are in the “administrative” phase and not yet in the “judicial” phase (City of Dallas v. Highway 205 Farms, Ltd
A new article worthy of your time from The Urban Lawyer, the law review published by the ABA Section of State and Local Government Law: “The Power of Eminent Domain in the Aftermath of Hurricane Katrina: Should Common Interest Communities Be Compensated for the Loss of Asssments,” by James R. Conde.
The