The Supreme Court has declined to review the Second Circuit’s summary order upholding the dismissal of a federal court regulatory takings claim on Williamson County ripeness grounds.
In this order, the Court denied cert, over the dissent of Justice Thomas (joined by Justice Kennedy). We’ve said here many times why Williamson County is a
“Election contests” in Hawaii are pretty narrow cases, and are subject to strict rules regarding subject matter jurisdiction (the Hawaii Supreme Court has original jurisdiction), content, timing,and remedy. For more, see our earlier post “HAWSCT Confirms Election Contests Are Tough!” Thus, even when an election challenge may have merit, the road is an uphill
A longer post to start the week because it involves an eminent domain case, a somewhat rare occurrence from the Hawaii appellate courts. The issues determined by the Hawaii Intermediate Court of Appeals are important, and because we have an old eminent domain code and don’t have a whole lot of current decisional law applying it —
Update: Oral argument audio posted above.
Update: “State’s High Court Hears Arguments In Mountain Water Appeal On Wide-Ranging Issues”
Update: “Montana Supreme Court Justices quiz lawyers on eminent domain, finances“
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The condemnation of privately owned utilities is a thing these days. Seems like many local governments believe they can do
The Pribeagus asserted the County’s failure to maintain a road caused their home to be flooded repeated. They sued in inverse condemnation, including in their suit a claim for damages both to their real property and their personal property.
The trial court kept the Pribeagus from introducing evidence of the value of the personal property
Continuing with our posting of the amicus briefs in Murr v. Wisconsin, No. 15-214, the “parcel as a whole” case now being considered by the Supreme Court, here is the brief filed in support of the property owner by several western states, principally authored by lawprof Ilya Somin.
Rather than summarize the brief here
The amicus briefs supporting the property owners/petitioners in Murr v. Wisconsin, No. 15-214, the “parcel as a whole” case now being considered by the Supreme Court, are rolling in.
Here’s the first one, the amici brief for the Cato Institute and the Owners’ Counsel of America. [Disclosure: we represent OCA on this filing.]
Guam land titles can be seriously messed up. This case, Gov’t of Guam v. 162.40 Square Meters of Land, No. CVA14-011 (Mar. 17, 2016), about which we posted earlier (when it went up to the U.S. Supreme Court and was denied review) is an example. To reconfigure irregular lot lines left over from
When we talk amongst ourselves, we dirt lawyers discuss things like larger parcels, regulatory moratoria, servitudes “running with the land,” and other such fascinations. But we understand that what the average guys and gals want to know about when they chat us up at cocktail parties is their neighbor’s trees.
Like who gets
First, the good part of the recent opinion issued by the New York Supreme Court Appellate Division, First Department (dun dun) in American Economy Ins. Co. v. New York, No. 16095 (Apr. 14, 2016):
Plaintiffs also established that the amendment, as applied retroactively, violates the Contract Clause of the US Constitution because