We were recently asked which U.S. Supreme Court justice we admired, thought highly of. In the age of “celebrity judges” who telegraph their feelings about cases and issues, elitists, and a peanut gallery devoted to picking apart lawyers’ performances, one stood out:
Indiana: Equal Footing Doctrine Means Public Owns Up To The Ordinary High Water Mark
Update: thanks to Daniel Lehmann for keying us in to this case, now being reviewed by the Supreme Court, involving the foundational question of whether title to Equal Footing Doctrine submerged lands is a question of state or federal law. Scheduled for the Court’s 2/16/2018 conference.
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In our experience, rationality
HSBA Appellate Section Testimony: Please Don’t Muck Around With The Appeals Process
Here’s the written testimony submitted by the Hawaii State Bar Association’s Section on Appellate Law for today’s hearing on a bill making its way through the Hawaii Legislature.
The bills, HB 2191 and HB 2194, would return the state court appeals system to the way it was prior to the 2006 amendments, and would expressly
Back to the Future of Land Use Regulation – Brigham-Kanner Article
Here’s the (draft) article from our poriton of the first panel at the 2017 Brigham-Kanner Conference, “Back to the Future of Land Use Regulation.” (Also posted on SSRN here.)
This is an expanded version of our talk (listen to the audio here) during the Conference during which the William
Video: Ninth Circuit Penn Central Oral Arguments
Here is the video of last Friday’s oral arguments in a case we’ve been following, in which the owners of a mobile home park successfully challenged a California municipality’s rent control ordinance as a taking.
In Colony Cover Properties v. City of Carson, a U.S. District Court for the Central District of California jury
HAWSCT On Sufficiency Of Hawaiian Homes Commission’s Legislative Funding: Quality Work, But There’s Too Many Notes
Like Amadeus‘ Emperor Joseph, today’s 4-1 ruling from the Hawaii Supreme Court in Nelson v. Hawaiian Homes Comm’n, No. SCAP-16-0000496 (Feb. 9, 2018), pretty much tells the lower courts (and, by extension, the state legislature) that the court thinks the HHC is underfunded and that the Legislature can do a much better
Latest Issue Of The Urban Lawyer
For you land-users out there, be sure to check your inboxes for the link to the latest issue of The Urban Lawyer, the law review published by my section of the ABA, the Section of State and Local Government Law. With articles on privacy and public real estate records, neighborhood opposition to zoning changes
See What You Miss When You Don’t Come To The ALI-CLE Eminent Domain Conference?
Check this out: the first page of the recently-filed Reply Brief in the cert-stage briefing in a case we’ve been following out of the Colorado courts, and which we highlighted at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference which we wrapped just last week in Charleston, South Carolina.
Talked about last week
Cal App: Condo Association Has Standing To Assert Inverse Condemnation Claim
In Sierra Palms Homeowners Ass’n v. Metro Gold Line Foothill Extension Const. Auth., No. B275241 (Jan. 29, 2018), a condomimium homeowners’ association sued a municipal transit authority and its private-entity partner, claiming that they built and maintained the Gold Line railway in such a way that it interfered with the association’s quiet enjoyment