In a development that began in November 2007 (2005 actually, if the starting point is seen as the U.S. Supreme Court’s decision in Lingle v. Chevron, U.S.A., Inc., 544 U.S 528 (2005)), the Ninth Circuit finally ditched Armendariz v. Penman,75 F.3d 1311 (9th Cir. 1996) (en banc), and recognized that property owners are
New Article: The Ninth Circuit Rediscovers Substantive Due Process In Land Use Cases
The Zoning and Planning Law Report (Thomson | West) has published my article about the post-Lingle developments in substantive due process in the Ninth Circuit. Download a pdf of the article here.
From the introduction:
Substantive due process asserted as a claim for relief has a whiff of danger about it. After all
Settling Land Use Litigation: Private Agreements and Public Process
A worthwhile article in the latest edition of The Urban Lawyer about settling land use disputes with processes that may not adhere strictly to the usual permit consideration procedures. Here’s the summary from the ABA’s site:
Paul D. Wilson, Of Synagogues and Nude Juice Bars: Can a Municipality Settle Land Use Litigation Without a
Oral Argument Audio in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext (mp3)
The audio file (30mb mp3) of the Supreme Court of Hawaii oral arguments in County of Hawaii v. Richards, has been posted here. the appeal from two eminent domain actions on the Big Island of Hawaii.
Oral Arguments in Kona Eminent Domain Abuse Appeals: Damages for Failed Condemnations, Abatement, and Pretext
West Hawaii Today reports on yesterday’s oral arguments in the Supreme Court of Hawaii in County of Hawaii v. Richards, the appeal from two eminent domain actions on the Big Island of Hawaii. [Disclosure: my Damon Key colleagues Ken Kupchak, Mark Murakami, and Christi-Anne Kudo Chock and I represent the property owners.]
California Court of Appeals: Property Owners Have Constitutional Rights!
Interesting decision from the California Second District Court of Appeals in Manufactured Home Communities, Inc. v. County of San Luis Obispo, No. B196426 (Oct. 15, 2008). The case involves a writ of administrative mandate (administrative appeal for you non-Californians) reviewing the decision by the county Rent Review Board denying a request to increase the
Cal. Court of Appeals: Development Moratorium a Taking Under Lucas
The California Court of Appeals, Second District (Los Angeles) today struck down a municipal moratorium on development, which in some cases prevented landowners from developing their properties for 30 years:
We conclude that the resolution, by implementing the moratorium and continuing to prevent plaintiffs from building on their properties, “deprive[d] [plaintiffs’] land of all economically
Transcript of Arguments in Maui Affordable Housing Exaction Case
The transcript of the June 2, 2008 arguments in the federal lawsuit challenging Maui’s affordable (“workforce”) housing exaction has been released. That hearing resulted in a lengthy opinion by the District Court holding that the plaintiff’s Nollan/Dolan claims were not ripe, and a recent order holding that the facial due process and equal
Court Strikes Facial Due Process and Equal Protection Claims in Maui Affordable Housing Exaction Case
The US District Court for the District of Hawaii has granted (in part) the County of Maui’s motion for reconsideration of the court’s earlier order granting in part and denying in partthe County’s summary judgment motion. Here’s a copy of the court’s latest order.
The court entered summary judgment in favor of the
Oral Argument Scheduled in Ninth Circuit Maui Vacation Rental Appeal
The Ninth Circuit has scheduled oral arguments in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal. The court will hear argument on November 21, 2008, at