You’ve seen those shirts, the ones that have “Hollister” emblazoned on the front (“So Cal inspired clothing for Dudes and Bettys”). But here’s a case about the real Hollister (the town in Northern California), and a condemnation action directed at the Hollister Inn, a roadside hostelry near that town.
In Council of …
When does a party who loses a petition for rehearing actually win it?
In Bywaters v. United States, No. 2011-1032 (Fed. Cir. Mar. 1, 2012) an opinion we detailed here, a 2-1 panel of the Federal Circuit held that the property owner’s request for attorneys fees under the Uniform Relocation Assistance and Real…
Remember the case from late last year in which the Honolulu Star-Advertiser brought a freedom of information/open records lawsuit against the Hawaii governor to force him to disclose the names of judicial nominees? Abandoning the practice of his two predecessors, the Governor refused to release the list of names of nominees transmitted to him by…
Here are the cases we discussed in this morning’s session at the Eminent Domain & Land Use in Hawaii seminar:
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How hard is it for the government to obtain a Williamson County dismissal that a federal takings claim is not ripe for federal court reivew? Not too hard, says Justice Souter.
Justice Souter? But wait, didn’t he retire, you ask? Recall that Supreme Court justices who retire from the Court don’t really “retire” in the…
Today’s post is by our colleague Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.
Here is the Petition for Rehearing En Banc, in Bywaters v. United States, No. 2011-1032 (Fed. Cir. Mar. 1, 2012), an opinion we detailed here. In that case, a split panel of the Federal Circuit held that the property owner’s request for attorneys fees under the Uniform Relocation Assistance and Real Property…
In Miller v. FW Commercial Properties, LLC, No. 105066 (Mar. 9, 2012), the Kansas Supreme Court held that a lawyer who represents a party in a condemnation case is not entitled to recapture his or her legal fees from another party’s condemnation award because the lawyer is not a “party in interest” in the…
Here’s today’s second decision about attorneys fees and costs, this time in an inverse condemnation claim out of the Federal Circuit, Bywaters v. United States, No. 2011-1032 (Mar. 1, 2012).
In a class action rails-to-trails takings case under the Little Tucker Act (less than $10,000 per claim, district court venue), the trial court awarded…
Here’s the first of two cases about the recovery of attorneys fees in takings cases.
The first is People ex rel. Dep’t of Transportation v. Superior Court, No. C069391 (Mar. 1, 2012), from the California Court of Appeal, about recovery of fees in eminent domain proceedings.
After a stipulated judgment days before the trial…
