The judiciary web site has posted the recording of the November 10, 2009 Intermediate Court of Appeals oral arguments in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (HAWICA) here (caution, it is a massive 88 MB mp3 file).
The issue in the case is whether the state, or littoral landowners…
The property owners have filed their Reply Brief in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case about “judicial takings” and the rights of littoral owners to accretion.
Oral arguments in the Supreme Court are set for December 2, 2009.
More about…
Here are some recently-released opinions; none so earth-shattering that they merit their own post, but definitely worth reading:
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More about Klumpp v. Borough of Avalon, the decision from New Jersey’s Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation.
In Avalon stole land, appeal to New Jersey high court claims, the Atlantic City paper reports on the case:
A Moorestown couple is…
In an order issued yesterday, the U.S. Supreme Court granted the SG’s motion for leave to participate in oral argument as amicus curiae and for divided argument in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The federal government’s amicus brief is available here…
Remember a while back when we noted that a property owner has asked the New Jersey Supreme Court to review what we called a “Kafkaesque” decision by the Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation? See Klumpp v. Borough of Avalon, No. A-2963-07…
Update: In this order, the Court declined to review the case.
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On Monday, October 19, 2009, the Supreme Court is scheduled to consider whether to review the Alaska Supreme Court’s decision in Reust v. Alaska Petroleum Contractors, Inc., 206 P.3d 437 (Alaska, Apr. 10, 2009).
The case is listed on SCOTUSblog’s…
In “Supreme Court’s Regulatory Takings Case Draws Widespread Interest,” the New York Times reports about yesterday’s filings by amici supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
The Supreme Court would likely resist such…
Several amicus briefs have been filed supporting the government’s position in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
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The District Court has denied cross-motions for summary judgment on the due process claims in the case challenging Maui County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The court’s order is available here.
The court’s denial focused mostly on procedural issues and the…
