This morning, the Supreme Court released the order with the results of last Friday’s conference, revealing the Court has declined to review Lepak v. City of Irving, No. 12-777 (petition for cert. filed Dec. 21, 2012). We’re covering this issue here because as some of you might recall, we represent the plaintiffs in a
New Cert Petition: Ninth Circuit Homeless Property Ruling Created Public Health Hazard
As we noted here, the City of Los Angeles has filed a cert petition asking the Supreme Court to review Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). In that case, a 2-1 Ninth Circuit panel held that the city could not presume that property owned by homeless people
Testimony On Defining “Permanent Residents” For Hawaii Reapportionment As Census Count
On Tuesday, February 26, 2013, the Judiciary and Labor Committee of the Hawaii State Senate will be conducting a public hearing and taking testimony on S.B. 286, a measure which amends a state statute to define “permanent resident” as used in state reapportionment and redistricting as “any person counted as a usual resident of
Celebrity Incentive To Move To Hawaii: We’ll Give You An “Inoffensive” Space
This post has nothing to do with our usual menu of takings, property, and other issues. But we just had to point out to you two articles which feature comments by our Damon Key colleague Bethany Ace, adding her thoughts about the “Steven Tyler Act” (yes, that Steven Tyler), a bill
HAWICA Clarifies What Actions By Planning Dept Trigger Administrative Zoning Appeals
The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a “zoning verification” by the Director of the City and County’s Department of Planning and Permitting is not a “decision of the Director” which a property owner must administratively appeal to the Honolulu Zoning Board of Appeals. Hoku
Amicus Brief In California Raisin Takings Case: 9th Circuit Has A “Rube Goldberg” Approach To Takings
Here’s the amici brief of the Cato Institute, the NFIB, the Center for Constitutional Jurisprudence, and the Reason Foundation in support of the petitioner/property owner in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Supreme Court is considering whether a property owner
First Circuit: Inverse Condemnation Claim In State Court An “Adequate Procedural Pathway” To Compensation
How, as an appellant, do you know you are in trouble? When an opinion starts like this, that’s how:
Although a residential subdivision proposed for construction in a bucolic Rhode Island town never saw the light of day, its ghost continues to haunt the parties. But apparitions rarely have substance, and this one is no
Arlington National Cemetery And The Takings Clause
You know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in the absence of a waiver of sovereign immunity, the Tucker Act, and section 1983, property owners would still be able to maintain a claim for compensation? Well here’s an article that explains that how that rule was
Cal Supremes Revisit Pruneyard, But Ignore The Takings Problem
Confirming yet again that the shopping mall is the focus of California culture, the California Supreme Court in Ralphs Grocery Co. v. United Food and Commerical Workers Union Local 8, No. S185544 (Dec. 27, 2012), held that a privately-owned walkway fronting a warehouse-type grocery store is a venue for the airing of grievances
HAWSCT Rejects County’s Argument That Property Owner Must Change The Law To Ripen Takings Claim
That was quick. As we predicted (and urged), the Hawaii Supreme Court today without comment rejected the County of Maui’s application for a writ of certiorari, which asked the court to review the Intermediate Court of Appeals decision in in Leone v. County of Maui, No 29692 (June 22, 2012) (Supreme Court order