Remember that decision by a U.S. District Court in Tampa, Florida last year that we crowed about? The court held that a county’s “Right of Way Preservation Ordinance” which allows it to land bank for future road corridors by means of an exaction is “both coercive and confiscatory in nature and constitutionally
9th Circuit Orals In Bridge Aina Lea: Pullman Abstention, Qualified Immunity, And “Haunted By Williamson County”
Here is the oral argument recording in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, case argued yesterday in the Ninth Circuit at its session in Honolulu. As we previewed, the issues involved Pullman abstention and immunity. As for Williamson County ripeness, an issue the court asked the parties to brief separately
Ninth Circuit Sua Sponte Raises Williamson County Ripeness, Asks For Briefing, Gets Some
It’s been our experience that when a court of appeals — particularly when it’s the Ninth Circuit, and it’s the eve of oral argument — raises an issue on its own after the briefs have been filed and requests supplemental briefing, then whatever that issue is must really be on the judges’ minds. They’re the cream
Guest Post: Upcoming Ninth Circuit Oral Argument In Bridge Aina Lea: Pullman Abstention, Williamson County Ripeness, And Absolute Immunity
Before we get to today’s post (kindly provided by our colleague and friend Paul Schwind), and the Ninth Circuit briefs, here’s some background on the cases he writes about.
On June 10, 2014, the Ninth Circuit will ride circuit to Honolulu and hear oral arguments in a case which we’ve posted about before. The litigation is
11th Circuit: Riparian Rights Not “Fundamental,” And Not Subject To Lingle
In 1993, in order to protect seagrasses, the city of Sanibel adopted an ordinance prohibiting the new construction of docks and piers in certain areas of town. Plaintiffs, littoral owners who bought their land after the ordinance was in place, thought that — this being Florida, and an island — it was their right to
Former Clerk Of The Supreme Court: Govt “Bullying” And “Strong-Arming” Property Owners
Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the
HAWSCT Considering Whether A County Has A Duty To Maintain Accurate Public Records
Here’s an interesting case upcoming on the Hawaii Supreme Court’s oral argument calendar that is worth following. (April 29, 2014, at 10:00 a.m. – the court is taking the show on the road, and the arguments will be at the gym at Kealakehe High School, in Kailua-Kona, on the Big Island.)
In Molfino v.
4th Cir: Uniform Relocation Act Requirements Are Like The Pirate’s Code – “More What You’d Call ‘Guidelines,’ Than Actual Rules”
One portion of the federal Uniform Relocation Act, 42 U.S.C. § 4651, requires Federal agencies participating in projects requiring the acquisition of private property to be guided by certain policies that “assure consistent treatment for owners . . . and . . . .promote public confidence in Federal land acquisition practices,” such as (and we’re paraphrasing
Does Hawaii Need An “Environmental Court?” (Part II)
Looks like they’re at it again, a solution in search of a problem: a bill has been proposed in the Hawaii Legislature to create an “Environmental Court,” whose mission would be to handle “environmental disputes” arising under a wide range of state statutes:
…administrative proceedings and proceedings for declaratory judgment on the validity of agency
HAWSCT: Damage To Unique Property Subject To Unique Rules
There’s not much doubt that the now-notorious large-scale unpermitted upland grading and grubbing by a Kauai property owner on its private land caused the runoff that catastrophically damaged the adjacent beach and the reef offshore. The damage was pretty bad, and resulted in the “largest storm water settlement [with the federal EPA] in the United