Appellate law

All you preemption, agriculture, municipal and local government law junkies, take note: later today, a panel of the U.S. Court of Appeals will hear arguments in three cases, each of which is an appeal of the District Court’s seriatim invalidation of county ordinances which regulated GMO and pesticide use in Kauai, Maui, and Hawaii Counties

This just in: the North Carolina Supreme Court has issued an opinion in an important case we’ve been following for a long time, Kirby v. North Carolina Dep’t of Transportation.

This is the case about the “Map Act,” a statute which designates private property for future highway use, and  “restricted plaintiffs’ fundamental rights to improve

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A very good crowd for today’s Oregon Eminent Domain Conference in Portland. 

Here are the links to the cases and other materials that we spoke about today in our session “Inverse Condemnation and Regulatory Takings – Issues and Trends.”  

Our thanks to Planning Chairs Jill Geleneau and Paul Sundermier for putting together a great

Hawaii News Now – KGMB and KHNL

Hawaii News Now came calling yesterday, looking for commentary about the latest in the case challenging the proposed Thirty Meter Telescope on the Big Island’s Mauna Kea. We obliged.  

As you know, we’ve been following the case. It’s already been up to the Hawaii Supreme Court, which

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The dramatic moment of the day during last Thursday’s California Supreme Court oral arguments in City of Perris v. Stamper, No. S213468 (which we previewed here: “Cal Supreme Court Oral Argument Preview: In Just Comp Trial, Does Jury Determine Reasonable Probability Of Exaction?“), occurred during the rebuttal arguments by the city’s lawyer. The case

Tomorrow morning, Thursday, May 26, 2016, starting at 9:00 a.m., the California Supreme Court will be hearing oral arguments in an eminent domain case that sits at the intersection of jury determinations of just compensation, and the Nollan/Dolan unconstitutional conditions issue. 

Here is the link to the argument live stream

The court

More on that case we reported on earlier this week, recently argued at the Hawaii Supreme Court:

Here’s the amicus brief we filed yesterday on behalf of lawprof David Callies and our colleagues at Owners’ Counsel of America in an important case involving ownership and use of the “dry sand” beach, now pending in the North Carolina Supreme Court.  

In Nies v. Town of Emerald Isle, No. COA15-169 (N.C. App. Nov. 17

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“Mistakes Were Made”

During last week’s oral arguments (also streaming below) in Green Party of Hawaii v. Nago, No. SCWC 14-0001313 (May 18, 2016) — arguments that ran nearly 50% over the scheduled one hour length — the justices of the Hawaii Supreme Court appeared to be searching for a practical answer to the

Cinematic Rude Awakenings from Roman Holiday on Vimeo.

If there’s one thing that makes lawyers sit bolt upright in a sweat at 3 am, it’s the prospect of missing a jurisdictional deadline. A statute of limitations, a notice of appeal. Come on, you know you’ve been there. Keep your carrier’s number on speed