Section 30010 of California’s Public Resource Code provides that the California Coastal Commission may grant a development permit that otherwise could not be granted in order to avoid a taking:
The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or…
How often in an appellate opinion does the court use the term “glom?”
[The Appellee] gloms onto the “police power” aspect of the definition [of regulatory fees] in arguing that “Medeiros plainly concern[ed] the ‘police power’ of ‘criminal investigative services,’ not a user fee as suggested by [the state].”
No matter what you may…
So much of “land use” and eminent domain law also involves the law of state, local, and municipal government. Thus, its good to see the folks at the International Municipal Lawyers Association have started blogging. Check out IMLA’s Local Government Blog and subscribe to the RSS feed. Of special note are the posts on…
In Nuuanu Valley Ass’n v. City & County of Honolulu, No. 28599 (Oct. 24, 2008), the Supreme Court of Hawaii clarified when a project that is not being built on state or county land meets the definition of “use” of such lands triggering review under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch.
In a lengthy opinion, the Hawaii Intermediate Court of Appeals in Pono v. Molokai Ranch, Ltd., No. 28359 (Oct. 21, 2008), held that the State Land Use Law, Haw. Rev. Stat. ch. 205, does not create a private right of action allowing for non-governmental enforcement of the law. The court also held there…
Interesting decision from the California Second District Court of Appeals in Manufactured Home Communities, Inc. v. County of San Luis Obispo, No. B196426 (Oct. 15, 2008). The case involves a writ of administrative mandate (administrative appeal for you non-Californians) reviewing the decision by the county Rent Review Board denying a request to increase the…
Mr. McFarland’s property is surrounded by Glacier National Park in Montana. The only way to get to the property in the winter is by Route 7 (the Park Service prohibits snowmobiles). The Service closes the road to the public, but until 1999 allowed landowners limited winter access. In 1999, however, the Service closed the road…
The California Court of Appeals, First District (San Francisco and other Northern California counties) in Center for Biological Diversity, Inc. v. FPL Group, Inc., No. A116362 (Sep. 18, 2008) held that the “public trust” is enforceable by the public against the government, and that wildlife is subject to the trust.
The plaintiffs brought suit…
Is a determination by the Corps of Engineers that property contains “waters of the United States” and is therefore subject to regulation under the Clean Water Act a “final agency action” subject to judicial review under the Administrative Procedures Act? According to the Ninth Circuit, no.
In a decision that at first blush seems to have little to do with land use law, the Hawaii Supreme Court reiterated the standard for when an agency hearing is a “contested case” under the Administrative Procedures Act, and clarified what constitutes agency “action” for purpose of the permit application autoapproval statute.
Contested Case …
