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
From Cato Institute’s Constitution Day: Property Rights And The Supreme Court (Video)
We sure wish we could have attended the Cato Institute’s recent Constitution Day program in Washington, D.C., but here’s the next best thing, a video of the presentations on Property Rights, with a review of the recent Sackett and PPL Montana decisions by the Supreme Court, and an update about the state of property rights.
9th Circuit Recognizes Property Rights
It’s the right of homeless folks in L.A.’s “Skid Row” area to not have their personal belongings seized if they leave them unattended for a while, but we will take what we can get.
In Lavan v. City of Los Angeles, No.11-56253 (Sep. 5, 2012), the Ninth Circuit held:
We conclude that the Fourth
BIO In SCOTUS Florida Exactions Case: Fla Supremes Ruled Only Under Fla Law
Florida land use and environmental law attorney Jake Cremer has posted the Brief in Opposition in Koontz v. St. Johs River Water Management Dist., No. 11-1447 (cert. petition filed May 30, 2012), the case asking whether the Nollan/Dolan nexus and proportionality tests apply to a land-use exaction that takes the form
ABA Journal On “Crime After Crime” Film
The ABA Journal reports on yesterday’s screening of Crime After Crime: Tears Flow at Screening of Film on Pro Bono Fight to Free Woman Convicted of Her Abuser’s Murder.