We were in the neighborhood, so decided to drop in on today’s Supreme Court oral arguments in Horne v. U.S.D.A., No. 14-275, the case about the taking of California raisins.
The arguments ended a few minutes ago, and here’s our initial thoughts:
Here’s the latest from the Hawaii Supreme Court on the joinder of parties under Rule 19, where there’s a claim that an absent party is “indispensable” and thus the case should be dismissed. Bottom line is that an absentee should be joined if its presence is needed, and the “indispensable” determination only needs to be
Here’s the recently-filed amici brief of the National Federation of Independent Business and the NFIB Small Business Legal Center, which urges the Texas Supreme Court to review the Court of Appeals’ Memorandum Opinion in City of Dallas v. Highway 205 Farms, Ltd., No. 05-13-00951-DV (July 22, 2014).
This case raises a jurisdictional issue that
Land users, please read the California Court of Appeal’s opinion in Woody’s Group, Inc. v. City of Newport Beach, No.G050155 (Jan. 29, 2015), which starts off with this straightforward summary:
The language of the law is replete with synonyms for fairness: due process, equal protection, good faith, harmless error are all ways of expressing
The Township of Ocean, New Jersey downzoned the plaintiffs’ residentially-and-commercially-zoned land to “Environmental Conservation.” The EC district allows “only very low density residential development or other low intensity uses,” with a minimum lot size of 20 acres.
The plaintiffs, who own 34 acres subject the EC zoning, challenged the zoning ordinance, asserting it was “arbitrary, unreasonable
Here’s that last case in our 2014 opinion queue, from way back in July. It’s also coincidentially the 2,500th post on the blog.
In Sawn Beach Corolla, LLC v,.County of Currituck, No. COA13-1272 (July 1, 2014), the North Carolina Court of Appeals considered vested rights and takings claims in a fact pattern than streched
There’s one citation notably missing from the opinion of the Texas Court of Appeals in Anderton v. City of Cedar Hill, No. 05-12-00969-CV (Aug. 22, 2014): Williamson County.
This was case where in response to the city’s petition that the Anderdons’ use of their property was illegal, they counterclaimed that they had
The Texas Supreme Court is generally pretty good about property rights. See this opinion, this one, and this one, for examples.
So when the legal analysis in one of its regulatory takings/inverse condemnation opinions has the following language — especially in a case where a municipal government has treated the plaintiffs/property owners very
We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an
Registration is now open for the 2015 Hawaii Land Use Law Conference, to be held in downtown Honolulu on Thursday-Friday, January 15-16, 2015.
This is the bi-annual conference, co-chaired by U. Hawaii lawprof David Callies and land use lawyer Ben Kudo, that brings together the big names in our area of law. In other