We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an
4th Cir: Takings Claim Against State Can’t Be Brought In Federal Court – State Immune Under The 11th Amendment
On one hand, the U.S. Court of Appeals’ opinion in Hutto v. South Carolina Retirement System, No. 13-1523 (Dec. 5, 2014) is old hat: the court concluded that a plaintiff alleging a federal takings claim could not bring that claim in federal court. But this case is different because it — unlike those where
Md App Waxes Poetic In A Land Use Opinion
This opinion from the Maryland Court of Appeals may be too land-usey for you takings mavens, but it starts off with an attention-getter:
Few cases inflame such deep passions as a dispute involving individual property rights. The belief that fundamental concepts of liberty entailed strong property rights informed and influenced the Founders as they undertook
Amici Briefs In SCOTUS Due Process Ripeness Case – The End For Williamson County?
Here are all of the amici briefs in support of the property owners/petitioners in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014).
That’s the case in which the Second Circuit threw out a complaint on Williamson County ripeness grounds. Odd thing was that the court held that a
BIO In Riparian Rights Due Process Case
Here’s the Brief in Opposition filed by the city Kentner v. City of Sanibel, No. 14-404, the case asking the Supreme Court to review an 11th Circuit decision in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause. The
HAWSCT: Land Use Comm’n Can’t Rescind A Re-zoning Via Truncated Procedures
The Hawaii Supreme Court has issued a lengthy opinion in a case we’ve been following, DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014).
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights
Brigham-Kanner Property Rights Conference – Panel Videos Now Available
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the
Links From Today’s ABA Talk On The AIG Bailout Takings Case
To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.
Here are the links to the
New Book: Litigating Religious Land Use Cases (Dan Dalton)
A big thank you to our friend and colleague from Detroit, Dan Dalton, who sent us a recently-published book which he authored, “Litigating Religious Land Use Cases.”
This book discusses how to litigate such a religious land use case on behalf of a religious entity pursuant to the Religious Land Use and
Amici Brief Asks: Aren’t Property Rights “Fundamental” Rights?
Remember that 11th Circuit decision we posted earlier, in which the court concluded that riparian rights, although recognized by Florida as property rights, are not “fundamental rights” protected by the Due Process Clause? There, the court held that the City’s ban on the construction of docks and piers (except, apparently, city-owned docks and piers) was not