Austin, Texas, is where we’re at for the next few days, for the 2016 edition of the American Law Institute-CLE Eminent Domain and Land Valuation conference, now in its 33d year. First time we’re in Austin, however, and our registration numbers are looking very good, and we haven’t had this big a turnout in years.
Administrative law
City’s Prohibiting Demolition Of Uninhabitable House So City Could Designate It As Historic, Is A Taking
Here’s a good one from the Ohio Court of Appeals to start off your 2016.
In State ex rel Greenacres Foundation v. City of Cincinnati, No. C-150038 (Dec. 30, 2015), the court agreed that the City’s failure to issue a demolition permit for the “Gamble House,” which the City claimed was a…
Counting Down To The ALI-CLE Eminent Domain Conference (Austin, Jan 28-30, 2016)
We’re exactly one month away from the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas.
Together with our friends and colleagues Joe Waldo, Jack Sperber, and Andrew Brigham, we think we’re put together a pretty good program that covers a lot of…
Carts Before Horses, And Pearls Before Swine: The Hawaii Supreme Court’s Fractured Rationale For Invalidating The TMT Permit
Space. The final frontier. These are the voyages of the telescope Thirty Meter. Its five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other …
What Does “Waikiki” Mean? – Variances, Safety Valves, And A “Hawaiian Sense Of Place”
“Waikiki” means a lot of things to a lot of people. With its wall-to-wall high rises, it could be Las Vegas-by-the-Sea. Or the site of the most famous beach in Hawaii, if not the world. A place where impossibly tony shops and kitsch exist side-by-side. Where the “Hawaiian” bric-a-brac is imported from the Phillipines and…
Just Sayin: No Taking For FDA Salmonella Warning Which Killed Tomato Sales
In Dimare Fresh, Inc. v. United States, No. 15-5006 (Oct. 28, 2015), the Federal Circuit held that the FDA wasn’t liable for a taking when it issued an incorrect food safety warning that hurt the tomato market, because it was just a warning and didn’t come with coercive action like a quarantine or a…
Hawaii Federal Court Gets Rid Of Most Claims Against Land Use Commission, But Allows Takings And Vested Rights Claims To Go Forward
Here’s the latest in a case that we’ve been following, which was in both state and federal court, Bridge Aina Lea v. Land Use Comm’n.
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other…
Not Quite “Where No Man Has Gone Before” – Hawaii Supreme Court Considers Mauna Kea’s 30 Meter Telescope
Oral Arguments part I
Oral Arguments part II
Three points before we get to our more involved thoughts on last week’s oral arguments in what is known as the “Thirty Meter Telescope” case, Mauna Kea Anaina Hou v. Bd. of Land and Natural Resources, No. SCAP-14-0000873:
- Appellate oral arguments are not necessarily an accurate
…
Federal Court Enjoins Implementation Of EPA’s New WOTUS Rules: Intermittent And Remote Wetlands Have No Nexus To Navigable Waters
Here’s the latest in an issue we’ve been following, the myriad legal challenges to the EPA’s recently-adopted rules expanding the scope of the definition of “waters of the United States” under the Clean Water Act.
The U.S. District Court for the District of North Dakota, one of several District Courts considering the plethora of lawsuits…
Horne v. USDA: Way More Than Silly Raisin Jokes
“Separate educational facilities are inherently unequal.”
Chief Justice Earl Warren,
Brown v. Board of Education
“The Fourteenth Amendment does not enact
Mr. Herbert Spencer’s Social Statics.”
Justice Oliver Wendell Holmes,
dissenting in Lochner v. New York
“…prejudice against discrete and insular minorities…”
Justice Harlan Fiske Stone, in footnote 4…



