Williamson County gives everyone grief, and if you needed any more proof, here it is.
In A Forever Recovery, Inc. v. Township of Pennfield, No. 13-2657 (Apr. 2, 2015), an unpublished opinion from the Sixth Circuit, the court upheld the district court’s award of attorneys’ fees and costs to a property owner who
Have you ever read one of those opinions where each piece seems okay, but as a whole the result just doesn’t sit well? The Idaho Supreme Court’s opinion in State of Idaho, Dep’t of Transportation v. Grathol, No. 40168 (Feb. 11, 2015) is just one of those.
You’ve no doubt heard a lot about
Beach cases from Hawaii. The South gets gator law opinions. Vermont, snow law.
To this list of “local flavor” cases, add Belle Terre Ranch, Inc. v. Wilson, No. A137217 (Jan. 13, 2015), an opinion by a California Court of Appeal resolving a boundary dispute between a Northern California winery and the owner a
Under the Montana Constitution, a property owner who prevails in a condemnation matter is entitled to an award of “necessary expenses of litigation.”
In Wohl v City of Missoula, 2014 MT 310 11-25-2014, NO. DA 14-0161 (Nov. 25, 2014), the Montana Supreme Court concluded that property owners who ultimately prevailed after two appeals were
St. Charles Land Co. II, LLC v. City of New Orleans, No. 14-CA-101 (Dec. 23, 2014), involved the amount of compensation in an inverse case over 8.08 acres of New Orleans land used for the extension of an airport runway. The trial court determined just compensation at $30,740.
Here’s the heart of the opinion:
Most of you already know that under the Fifth Amendment’s Takings Clause, the fees expended by a property owner to recover just compensation are not recoverable as part of just compensation. That has never made much sense to us, for how does a condemnor fulfill its obligation to put the property owner in as good
Today, the Hawaii Supreme Court issued a unanimous opinion in Oahu Publications, Inc. v. Abercrombie, No. SCWC-13-0000127 (July 31, 2014).
We represent the prevailing petitioner in the case, so won’t be adding much of anything to the court’s words.But if you are interested in government records laws and the interplay between attorneys’ fee recovery
A federal court authorized court-appointed counsel in a criminal prosecution to retain Marcum for forensic accounting and litigation support services. There’s a federal statute which allows for payment for these services, and if the cost exceeds $2,400, the chief judge of the regional circuit must approve. The work Marcum performed went over that amount. By
Hawaii, like many other jurisdictions, has an open records law. Here, we call it “UIPA” (“yoo-pah” or “wee-pah”) becuase the statute is the Uniform Information Practices Act, and not “FOIA” or “FOIL.” But in substance, it’s mostly the same as our sibling jurisdictions: government records are strongly presumed to be public documents, available to
The Hawaii Supreme Court has been on a roll lately, giving us a series of decisions clarifying appellate procedure. So in the past couple of months, we’ve got cases about appealability, dismissing appeals for a brief not conforming to the rules, and what is a final appealable order. Good stuff for those