“Yosemite,” according to California Place Names, Erwin Gudde’s seminal work on the origins of (surprise) California place names, means “they are killers.” It was “[e]vidently a name given to the Indians of the valley by those outside it.”
I raise this historical tidbit because I must admit to feeling a little like “those outside
The City of Hayward, California, was concerned that residential rentals within its borders were “decent, safe, and sanitary,” and by ordinance required the owners or tenants of such units to allow city officials to inspect them. If an owner or tenant refused, the “Enforcement Official” was authorized to procure an “inspection warrant” and levy a
The Natural Resources Section of the Hawaii State Bar Association has kindly asked me to speak to its members at their monthly lunch meeting, next Tuesday, November 1, 2011, from noon to 1:00 p.m. at the HSBA conference room, located on the 10th floor of Alakea Corporate Tower, 1100 Alakea Street.
I’ll be discussing the case
Yes, you read that right.
Yesterday, we posted most of the amici briefs in Sackett v. EPA, No. 10-1062, the case in which Idaho property owners are asserting their right to challenge the EPA’s assertion that a portion of their land are “wetlands.” But we saved one for a separate post, because it was
Last week, the petitioners filed their merits brief in Sackett v. EPA, No. 10-1062, the case in which Idaho property owners are asserting their right to challenge the EPA’s assertion that a portion of their land are “wetlands.”
A multitude of amicus briefs have been filed to support the Sackett’s arguments. We haven’t had
What is a property owner to do when faced with a regulatory agency asserting that its permission must be obtained before the property can be used, when the property owner believes that the agency does not have authority over her land?
According to the agency, the property owner has two choices: she can either file
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
Today’s Ninth Circuit opinion in Vandevere v. Lloyd, No. 09-35957 (July 11, 2011), raises a couple of interesting questions having little to do with the merits of whether Alaska’s commercial fishing regulations worked a taking or a due process violation because they shortened the fishing season and limited the number of fish that can
It’s a well-worn refrain, heard often in the environmental context: “The property owner wouldn’t be in this fix if she just ___________.” Fill in the blank with “commissioned an Environmental Assessment” — or “Environmental Impact Statement,” or “applied for a development permit,” or similar.
At first blush, it’s an appealing argument — “Just follow the
A new case worth watching has been filed in Hawaii state court (Third Circuit, the Big Island) that involves allegations of vested rights and estoppel, Nollan/Dolan exactions, state and federal due process and takings, inverse condemnation, and equal protection.The
See below, the Complaint in Bridge Aina Le’a v. State of Hawaii Land Use
