You may remember Mel Brooks’ History of the World: Part I, where Brooks, as King Louis XIV, turns to the camera and exclaims “it’s good to be the King!” each time he takes advantage of one of his subjects.
Well, it turns out that it really is good.
The Nerve Of Those Californians, Vindicating Federal Constitutional Rights In Texas Federal Courts!
As we noted in this post, the recent U.S. Court of Appeals for the Fifth Circuit decision in Severance v. Patterson, No. 07-20409 (Apr. 23, 2009) is garnering a lot of commentary for the dissenting judge’s opening ad hominem and the majority’s terse response. Earlier, we summarized the substantive issues in the case,
Hawaii’s Good Friday Holiday: It’s Like Thanksgiving And Christmas
If you are wondering why your calls to State and County offices go unanswered tomorrow, it is because it is Good Friday, a legal holiday in the State of Hawaii pursuant to Haw. Rev. Stat. § 8-1.
The day of the crucifixion was originally made a holiday in 1941 by the Territorial Legislature.
Land Use Round-Up
Some interesting reports filtering across my screen today:
- Thanks to Charley Foster for sending notice about a post at Volokh Conspiracy about whether the Takings Clause was incorporated against the states by the Due Process Clause, “Regulatory Takings and the Fourteenth Amendment.” On that subject, check out “No State Shall Abridge: The
Zoning And Land Use Round-Up
A collection of interesting reports on land use and zoning topics:
- Mission residents reject American Apparel (San Francisco Chronicle) – “Congratulations to the residents of Valencia Street. After a rowdy and sometimes misleading campaign, they managed to stop American Apparel – a socially conscious, popular, American-run clothing store – from moving into one of the
Reply In Support Of Petition In Pratt v. Cal. Coastal Comm’n – Penn Central And Williamson County
The property owner has filed its Reply in Support of Petition for a Writ of Certiorari in Charles A. Pratt Const. Co. v. California Coastal Comm’n, No. 08-668 (cert. petition filed Nov. 18, 2008) (SCOTUS docket report here). The petition seeks review of the California Court of Appeal’s opinion reported at 76 Cal. Rptr.
California Coastal Commission’s Brief In Opposition In Charles A. Pratt Construction Co. Cert Petition (Penn Central and Williamson County)
The California Coastal Commission has filed its Brief in Opposition to the cert petition in Charles A. Pratt Const. Co. v. California Coastal Comm’n, No. 08-668 (cert. petition filed Nov. 18, 2008) (SCOTUS docket report here). The California Court of Appeal’s opinion, reported at 76 Cal. Rptr. 2d 466 (Cal. Ct. App. 2008) is
2008 Land Use In Review: Ripeness Games In Regulatory Takings
In 2008, we continued to castigate the Williamson County ripeness rules, culminating in December when we filed an amicus brief urging the Supreme Court to take a harder look at how the “final determination” aspect of the rule is being applied. The rule has two parts.
First, the state-litigation rule requires a regulatory takings plaintiff
2008 Land Use In Review: The Ninth Circuit Rediscovers Substantive Due Process
In a development that began in November 2007 (2005 actually, if the starting point is seen as the U.S. Supreme Court’s decision in Lingle v. Chevron, U.S.A., Inc., 544 U.S 528 (2005)), the Ninth Circuit finally ditched Armendariz v. Penman,75 F.3d 1311 (9th Cir. 1996) (en banc), and recognized that property owners are
New Article: The Ninth Circuit Rediscovers Substantive Due Process In Land Use Cases
The Zoning and Planning Law Report (Thomson | West) has published my article about the post-Lingle developments in substantive due process in the Ninth Circuit. Download a pdf of the article here.
From the introduction:
Substantive due process asserted as a claim for relief has a whiff of danger about it. After all