The federal government has filed its invitation brief in Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011), the cert petition asking the U.S. Supreme Court to review the Hawaii Supreme Court’s dismissal of a challenge to the property tax exemptons conferred on lessees of Hawaiian Homesteads.
Only “native Hawaiians” are eligible…
Update: the latest in the latest Williamson County-related cert petition here.
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If you tried to explain the practical results of Williamson County‘s ripeness requirements to someone not familiar in the last 30 years of regulatory takings jurisprudence, they would probably think you were joking.
As we’ve explained many times, under Williamson…
Here is the final brief (the Plaintiffs’ reply to the Chief Election Officer and Reapportionment Commission’s Memorandum in Opposition to the Plaintiffs’ Motion for Preliminary Injunction) in the federal court lawsuit challenging Hawaii’s use of “permanent resident” as its reapportionment population basis. Kostick v. Nago, No. 12-00184 (complaint filed Apr. 6, 2012).…
No, we’re not talking about POTUS and the OBL stuff. Rather, we have more end-zone dancing from the prevailing party (a lawyer) in Filarksy v. Delia, No. 10-1018 (Apr. 19, 2012).
According to this Above the Law story, Mr. Filarsky wasn’t satisfied with an “in your face” gesture to the losing party, he’s now…
How hard is it for the government to obtain a Williamson County dismissal that a federal takings claim is not ripe for federal court reivew? Not too hard, says Justice Souter.
Justice Souter? But wait, didn’t he retire, you ask? Recall that Supreme Court justices who retire from the Court don’t really “retire” in the…
They say revenge is a dish best served cold.
But in Filarksy v. Delia, No. 10-1018 (Apr. 19, 2012), it apparently came with a side dish of “in your face victory dance.”
Check out this story about Mr. Filarsky’s reaction to his unanimous Supreme Court win in that case.
Disclosure: along with my colleagues…
Here’s the motion for preliminary injunction we filed yesterday in the federal lawsuit challenging Hawaii’s exclusion of military personnel, their families, and university students who do not pay resident tuition, from the population count when reapportioning the state legislature.
The U.S. Census includes everyone who is a “usual resident” of Hawaii in its count of…
In a per curiam unpublished decision, the U.S. Court of Appeals for the 11th Circuit affirmed the district court’s dismissal in Crystal Dunes Owners Ass’n v. City of Destin, No. 2011-14595 (Apr. 17, 2012) (per curiam opinion here, or below).
The plaintiffs own a strip of private beach in Destin, Florida. If the…
The editorial in today’s Honolulu Star-Advertiser writes:
The state Supreme Court’s ruling in January that determined how boundary lines should be drawn for this year’s election in August made scant reference to the agency created primarily for that purpose: the U.S. Census Bureau. That is why a lawsuit in federal court should result in the…
The issue in in Filarksy v. Delia, No. 10-1018, yesterday’s opinion in which the unanimous Supreme Court held that a private lawyer who was retained by a local government is entitled to assert qualified immunity, was whether the lawyer was prohibited from asserting the defense merely because he was not formally employed by the…
