One of the bigger developments, at least in Hawaii law, came in the last week of the year. We’re talking about the Hawaii Supreme Court’s decision in County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Dec. 24, 2008) (and we’re not just hailing the case because we’re the attorneys
Thank You, Star-Bulletin: Corrections And Clarifications
Following up on this post, where we pointed out several errors in a headline and subheadline in a Honolulu Star-Bulletin story on the Hawaii Supreme Court’s landmark eminent domain decision in County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Dec. 24, 2008), the Star-Bulletin has posted corrections and
Headline On Kona Condemnation Cases – Not In The Ballpark
I usually try to not take too seriously the headlines attached to a newspaper story or op-ed. After all, an editor — and not the reporter or op-ed author — may have written the headline, and it may be designed to grab a reader’s attention or focus on a part of the story the editor
“No, I’m Spartacus!”
Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas. Recall that in Western Seafood Co. v. United States,No 04-41196 (5th Cir., Oct. 11, 2006), the court held that aprivate-to-private transfer for economic development that wasaccomplished as part of a “carefully considered development
When Considering The Environmental Impacts of Tara, Tomorrow is Not Another Day
I don’t pretend to be an expert on the California Environmental Quality Act — 1700-page treatises are devoted to CEQA’s nuances — but I know enough to realize that the California Supreme Court’s decision in Save Tara v. City of West Hollywood, No. S151402 (Oct. 30, 3008) is an important one. The court framed
Settling Land Use Litigation: Private Agreements and Public Process
A worthwhile article in the latest edition of The Urban Lawyer about settling land use disputes with processes that may not adhere strictly to the usual permit consideration procedures. Here’s the summary from the ABA’s site:
Paul D. Wilson, Of Synagogues and Nude Juice Bars: Can a Municipality Settle Land Use Litigation Without a
Oral Argument Audio in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext (mp3)
The audio file (30mb mp3) of the Supreme Court of Hawaii oral arguments in County of Hawaii v. Richards, has been posted here. the appeal from two eminent domain actions on the Big Island of Hawaii.
Oral Arguments in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext
West Hawaii Today reports on yesterday’s oral arguments in the Supreme Court of Hawaii in County of Hawaii v. Richards, the appeal from two eminent domain actions on the Big Island of Hawaii. [Disclosure: my Damon Key colleagues Ken Kupchak, Mark Murakami, and Christi-Anne Kudo Chock and I represent the property owners.]
California Court of Appeals: Development Moratorium Challenge Not Ripe
You have to wait until the government enacts a lousy law before you can run to court to challenge it.
That’s the lesson from Stonehouse Homes v. City of Sierra Madre, No. B195552 (Oct. 9, 2008), in which California’s Second District Court of Appeals held that a lawsuit challenging the city’s “moratorium resolution” was
Oral Argument Scheduled in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
The Supreme Court of Hawaii has scheduled oral arguments in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. The issues in the case include:
- application of Haw. Rev. Stat. § 101-27(1993), the statute that provides that the government must make