Appellate law

One for the appellate practitioners in the audience.

In City of Little Rock v. Hermitage Dev. Corp., No. CV-15-842 (Ark. Dec. 3, 2015), the Arkansas Supreme Court granted the property owners’ motion to dismiss an appeal filed by the city from a jury verdict awarding just compensation. The court agreed that the City

ALI-CLE-2016-masthead

We’re exactly one month away from the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas. 

Together with our friends and colleagues Joe Waldo, Jack Sperber, and Andrew Brigham, we think we’re put together a pretty good program that covers a lot of

Barista’s note: last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002266, holding that the State Land Use Commission was not prohibited from adopting a boundary amendment (akin to a rezoning under Hawaii’s state-heavy land classification scheme) while the process for designating Important

Here’s one in a land use case we’ve been following, both because it is a huge issue and because our partners Greg Kugle and Matt Evans represent the prevailing land owner.  

All Hawaii land users need to read this, a 4-1 decision (Justice McKenna writing for the majority, with Justice Pollack in in dissent

Back to the Hawaiian-only election. Here’s an interview from ThinkTech Hawaii which asks “Is Nai Aupuni Sponsored by the State Government?

The interview is conducted by the plaintiff in the Akina v. Hawaii case, and the interviewees are one of the lawyers for the plaintiffs, Michael Lilly, and the other is U.

Here’s the latest on the now-cancelled “Nai Aupuni” Hawaiians-only poll/election, described by one local commentator as having “the integrity of a Costco membership,” and by Election law maven Rick Hasen as the “Oprah” theory of elections after the organization cancelled the extended vote and invited all candidates to come to the convention once

One for all you Court of Federal Claims mavens: a new cert petition, filed On Wednesday, that once again puts front and center 28 U.S.C. § 1500the statute which bars the CFC from hearing claims that are “pending in any other court” against the United States.  

The statute was last interpreted

We always enjoy reading the briefs filed by the Center for Constitutional Jurisprudence because they reference “first principles” and are usually heavy on the history. We like history. 

This amicus brief, filed by CCJ today in support of the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition