Here’s a follow-up to our recent post about the U. Hawaii Law Review article authored by lawprof David Callies which summarizes the land use and property decisions of the Hawaii Supreme Court during the tenure of now-retired Chief Justice Ronald Moon. You know, the article setting out the stunning success rates of certain parties in
Agriculture
Can A Property Owner Raise A Takings Defense? – Petitioners’ Brief In California Raisin Case
Here’s the petitioners’ merits brief in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Court is reviewing Horne v. United States Dep’t of Agriculture, 673 F.3d 1071 (9th Cir. 2011), in which the Ninth Circuit concluded a takings claim raised as…
U.H. Lawprof: HAWSCT’s 1993-2010 Record On Private Property Rights “Appalling”
You know how we’re always saying that certain parties have an enviable record of success in the Hawaii Supreme Court? Well, now the statistics are official.
The latest edition of the University of Hawaii Law Review published an article by lawprof David Callies summarzing the decisions of the court during the tenure of now-retired Chief…
Book Review – Land in California
Friday Round-Up: Flood Takings, Pearl Harbor, Organic Farming
Here’s what we’re reading today:
- We know you probably read Professor Gideon Kanner’s blog daily, but in case you missed his thoughts about the U.S. Supreme Court’s opinion in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), please read them here. Today’s must-read.
- Today is Pearl Harbor day,
…
What’s The Beef In California Oyster Dispute?
We’ve talked California raisins before, but the latest is about oysters. Specifically, an oyster farm in a Marin County National Seashore, the Drakes Bay Oyster Company.
Interior Secretary Ken Salazar visited the place a couple of weeks ago to see if he would be willing to extend the farm’s existing license, which has been…
Unanimous SCOTUS: Temporary Flooding Could Be A Taking
This just in: the Supreme Court has issued a unanimous opinion (authored by Justice Ginsburg) in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), holding that government induced flooding is a taking, even if temporary.
The Court roundly rejected the Federal Circuit’s conclusion that flooding caused by the Corps…
LA Times On The Raisin Takings Case
More on Horne v. U.S.D.A., No. 12-123 (cert. granted Nov. 20, 2012) from the Los Angeles Times: Supreme Court to hear California raisin growers’ case.
SCOTUS Grants Cert In California Raisins Takings Case
It looks like our crystal balls are working.
Wait, that didn’t come out the way we quite intended, so let’s rephrase. Recently, we and others suggested paying attention to the property rights cases on the Supreme Court’s cert docket, paying particular attention to a case out of the Ninth Circuit, Horne v. United States …
Mark Your Calendars: 10th Hawaii Land Use Law Conference (Jan. 17-18, 2013)
It’s back! Time once again for the bi-annual Hawaii Land Use Law Conference, to be held January 17 and 18, 2013 (Thursday and Friday) at the Downtown YWCA (a very convenient venue).
Planning co-chairs Professor David Callies and Ben Kudo have once again assembled a stellar faculty and put together an agenda that covers…

