In Powell v. County of Humboldt, No. A137238 (Jan. 16, 2014), the California Court of Appeal held the County’s demand that landowners who sought an after-the-fact building permit for a carport and porch for their mobile home dedicate an overflight easement for the nearby Eureka airport did not run afoul of Nollan–Dolan
The Other Shoe Drops: Kauai Anti-GMO Ordinance Challenged In Federal Court
At the Hawaii Agriculture Law Conference which we just wrapped last week, perhaps the hottest topic on the agenda was the anti-GMO ordinances recently adopted by the Counties of Hawaii (Big Island) and Kauai.
Barista’s note: One advantage of having POTUS in town for a couple of weeks was that it resulted in a
Links From Today’s Session On GMO Issues
Here are links to some of the materials mentioned at our session today on the GMO issue at the Hawaii Agriculture Law Conference:
- The Kauai ordinance, Bill 2491.
- The Kauai Mayor’s veto message, which included the privilege-waived memorandum of law detailing the legal problems with the measure.
- The County of Hawaii’s Big
Amici Brief In Judicial Takings Case
Here’s the first of two amicus briefs filed in support of the petitioner in the judicial takings case we mentioned last week.
This brief, filed by the New England Legal Foundation, the Cato Institute, the National Federation of Independent Businesses, and the Southeastern Legal Foundation, urges the Court to take the case, arguing that
From North Dakota: The Next Judicial Takings Case?
We don’t usually hear much from the North Dakota Supreme Court. But here’s one that may have some interest. In Reep v. North Dakota, No. 20130110 (Dec. 26, 2013), the court held that the state owned the minerals up to the ordinary high water mark on navigable rivers, and always has, since statehood, under
HAWSCT: Right To Pursue A Profession Is A Liberty Interest, Protected By Due Process
Here’s one that’s not a land use case, but since it involves procedural due process, is one that you land-usey types might find worthwhile.
Minton v. Quintal, No. SCWC-11-0000317 (Dec. 13, 2013) involved a claim by two stagehands at Honolulu’s Neil S. Blaisdell Center, owned and operated by the City and County of
HAWSCT: Demand A Contested Case, And There’s A Good Chance You’ll Get One
…or at least an appeal from a contested case.
The Hawaii Supreme Court has issued its latest opinion in the apparently eternal metaphysical question of the circuit courts’ appellate jurisdiction to review decisions under the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-14 of state and county agencies acting in their quasi-judicial capacities.
As
HAWSCT Oral Arguments: Inferring Assent To Extend Auto-approval Deadlines
We’re offline today because we’re arguing a case in the Hawaii Supreme Court about automatic approval statutes and zoning law. Here’s the summary of the issues, via the Judiciary web site:
This appeal arises out of a decision by the Respondent Planning Commission of the County of Kaua`i (Planning Commission) to deny the Petitioner Kauai
New Regulatory Takings Cert Petition: 9th Circuit Made Hash Of Penn Central
Here’s the cert petition filed earlier this week, asking the Supreme Court to review the Ninth Circuit’s decision in MHC Financing Ltd. P’ship v. City of San Rafael,714 P.3d 1118 (9th Cir. 2013).
That’s the case in which the Ninth Circuit overturned the District Court’s ruling (after two trials) that MHC had proven a
Cal Supremes Deny Review In Property Owner Penn Central Victory
Word comes that the California Supreme Court has denied review of the Court of Appeal decision in Lockaway Storage v. County of Alameda, No. A30874 (1st Dist. May 9, 2013). The court also rejected a request to “depublish” the First District’s opinion. Congratulations are again in order for colleague Tim Kassouni, who represents