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
Appellate law
Cal Supreme Court Oral Argument Preview: In Just Comp Trial, Does Jury Determine Reasonable Probability Of Exaction?
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 The Election Office Snafu Case, Awaiting Decision By The Hawaii Supreme Court
More on that case we reported on earlier this week, recently argued at the Hawaii Supreme Court:
- Journalist Ian Lind posts “Hawaii Supreme Court skeptical of Office of Elections” which has links to the merits briefs in the court of appeals. These help us to understand the arguments better. Recall that with
…
Amici Brief: If A Legislature Or Court Moves The Public Trust Shoreline Inland, It’s A Taking
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…
After A Judicial Feeding Frenzy, The Hawaii Supreme Court Searches For Rules To Fix The Office Of Elections
“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…
HAWSCT To Decide On Timing Of Voter Registration Appeals: When Is An Appeal “Filed?”
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…
HAWSCT: Removal Of Cabbage Trimmings From Highway Would Have Been Unreasonable
2013. August 28. 2:00 p.m. I was working the day watch patrol on the Belt Highway. I observed a green flatbed pickup truck driving towards Hilo with a load of open containers loaded with a green leafy substance. I suspected this could either be cabbage or lettuce. I pursued to investigate. Approximately a half a…
NC Supreme Court Arguments: Can A State Take A City’s Water System?
Someone up in Asheville must’ve really ticked off someone else down at the North Carolina legislature. Because for some reason, the state adopted a statute which, just like that, transferred the city-owned water system to a newly-created county sewer and water district. The statute didn’t change the water system’s operation — and this was key in…
New Appellate Law May Shortcut “Death By A Thousand Days”
The Honolulu Star-Advertiser today ran a story by Timothy Hurley about a new bill adopted by the Hawaii legislature which puts certain cases on the appellate fast-track, “New law could speed process for Thirty Meter Telescope.”
The bill mandates that in certain cases, any administrative appeals skip the usual first two steps (circuit court…
New Cert Petition: Are Legislative Exactions Immune From Nexus And Proportionality Requirements?
We thought there was a chance in a case out of San Jose, California, that the U.S. Supreme Court might take up the long-standing issue of whether legislatively-imposed exactions meet the nexus and proportionality unconstitutional conditions tests from Nollan, Dolan, and Koontz. Do those tests require an individualized determination, or is…



