Stewart Yerton (a reporter who is also a lawyer) today published this report (“This Murky Law Could Give The Governor Broad New Powers“) in Honolulu Civil Beat about a new Hawaii statute that gives administrative agencies the power to adopt emergency rules to respond to court rulings.
Is the statute innocuous, merely a
Here’s the latest in a case we’ve been following, a regulatory takings dispute from the Big Island of Hawaii.
Last we reported, the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking. But unbeknownst to the jurors, the court
Here’s what we are reading (or listening to) this Tuesday:
Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
The City’s sewage pipe backed up into several residences. The City has known for decades that these pipes were “cracked, structurally unsound, and that they had significant root intrusion.” The City took measures, but apparently these were not enough, and after “an extremely intense rain and hail storm,” three million gallons of wastewater overflowed into
Here’s one that’s been a long time coming (or coming back, more accurately).
In this recently-filed cert petition, the issue is whether an “exaction” imposed by the legislature should be subject to the nexus and rough proportionality requirements of Nollan, Dolan, and Koontz, or is merely subject to rational basis review (i.e.
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
The plaintiffs owned mining and homestead claims on land in the Santa Fe National Forest. They claimed they own easements to access these lands, recognized by federal statutes. The government said no, these are just access rights, not easements.
Then a fire, followed by flooding which severely damaged the Forest Service roads which the plaintiffs
Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii’s Due Process Clause, the Sierra Club (any “person,” actually) has a property right in a “clean and healthful environment?”
We asked if that were the case, then what does that “property” right look like? For example, how