This Friday, August 6, 2010 from 2:30 – 4:00 p.m. as part of the ABA Annual Meeting in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of what was, in my opinion, the most fascinating case of the Supreme Court’s recently-concluded term, Stop the Beach Renourishment, Inc. v.
Due process
Ninth Circuit Posts Video Of Guggenheim (Rent Control Takings Case) En Banc Oral Arguments
Last month, we attended the oral arguments in the rehearing en banc of Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009).
The three-judge Ninth Circuit panel held 2-1 that a takings challenge was ripe under Williamson County, and ruled the City of Goleta, California’s ordinance was a facial…
Event: The Supreme Court And The Battle For Second Amendment Rights
Last night, I had the opportunity to attend The Supreme Court and the Battle for Second Amendment Rights, a discussion of the U.S. Supreme Court’s two recent Second Amendment opinions, District of Columbia v. Heller (2008), the case in which the Court affirmed that the right to keep and bear arms is an individual…
Review Of The Supreme Court’s Term 2010 – Northern District Of California Chapter, Federal Bar Association Event
Thanks to the Federal Bar Association (Northern District of California Chapter), today I had the pleasure of attending a panel discussion of the significant cases from the Supreme Court’s recently ended Term.
The panelists discussed “Guns, Free Speech, Criminal Justice, Campaign Finance, Separation of Powers … and ‘Inside Baseball’ Views of the Court…
Justice Delayed Is Justice Denied: Zoning Permits
In Kauai Springs struggling, The Garden Island (the Kauai daily newspaper) writes about
The Kauai Planning Commission (Planning Commission) asks this Court to validate a remarkable theory: that in the course of reviewing whether Kauai Springs, Inc. (Kauai Springs) was entitled to three simple zoning permits for its agriculturally-zoned land, the public trust doctrine…
More On The “Judicial Takings” Case (Stop The Beach Renourishment)
More on the “judicial takings” case, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010).
Remember that at the ABA Annual Meeting next month in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of the case. I’ll be moderating, and…
New Article On Legislative-Adjudicative Distinction In Nollan/Dolan Analysis
Heads up on a new article of interest to those of us who deal with exactions and Nollan/Dolan: Matthew Baker, Much Ado About Nollan/Dolan: The Comparative Nature of the Legislative Adjudication Distinctions in Exactions, 42 Urban Lawyer 171 (2010). Here’s a summary:
Much has been made, by both commentators and…
Book Review: Federal Land Use Law and Litigation, 2010 edition
I’ve just received my copy of the 2010 revision of Federal Land Use Law & Litigation by Brian W. Blaesser and Alan C. Weinstein (West, $225).
Here’s the description of the book from West’s site:
Examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, liability, defense strategies, doctrines, and…
Final Brief In Torrens Title And Public Trust Appeal
The State of Hawaii has filed a brief responding to the amicus brief we filed in June in In re Trustees Under the Will of the Estate of James Campbell, No. 30006, an appeal now under review by the Hawaii Intermediate Court of Appeals. The issues in the case include the nature of “Torrens”…
Guest Post: Beach Decision Draws No New Line In Sand
Today, we bring you guest commentary on Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-1151 (June 17, 2010), last week’s Supreme Court decision on judicial takings and ownership of replenished beaches.
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Beach Decision Draws No New Line in Sand
But high court launches debate about topic of judicial…

