The property owner has filed its brief in oppositionto the County of Maui’s motion for reconsideration of the court’s recent decision in the federal court challenge to the County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE. We wrote about the case earlier here (contains a
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A noteworthy case from the North Carolina Court of Appeals about the limits of Euclidean zoning. Although the decision was issued in March 2008, it seems no one else has posted on the case, so we will.
In City of Wilmington v. Hill, 657 S.E.2d 670 (N.C. Ct. App. 2008), the court struck
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The County of Maui has asked the federal court to reconsider its recent order granting in part and denying in part the County’s summary judgment motion. A Maui property owner challenged the County’s “workforce housing” exaction ordinance, which requires a property owner to commit 40% to 50% of the unitsin most new housing developments to
Nollan/Dolan Challenge to Maui’s 50% Housing Exaction Is A Takings Claim Subject To Williamson County
Relying on Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985), the US District Court for the District of Hawaii today denied a property owner’s motion for summary judgment in a case challenging the County of Maui’s “workforce housing” exaction ordinance. Kamaole Pointe Development LP v. County of Maui, No.
Reply Brief in Ninth Circuit Maui Vacation Rental Appeal
Today we filed the Reply Brief (925kb pdf) 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.
I won’t go into the details, since the Reply
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Yesterday, we filed the Reply Brief in Kauai Springs‘ appeal from the January 2007 decision by the Kauai Planning Commission to deny three zoning permits to the small, Kauai-family-owned water bottling company.
For more information about the case, here are some links to earlier media coverage:
- A May 2006 story about the case from
County of Maui’s Brief in Ninth Circuit Vacation Rental Appeal
The County of Maui has filed its Answering Brief 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.
Our Opening Brief for MVRA is posted here
Takings Round Up
- Heads up for an upcoming teleconference of interest – Supreme Court Rules on Eminent Domain for Private Development. It will be held on July 16, 2008 starting at noon EDT, and featuressome of the A-listers in our area of law. More information andregistration information here.
Property Owner’s Reply Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
Today, we filed the Reply Brief for the property owner in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. I won’t go into detail about the arguments and will let the brief speak for itself since I am part of thelegal
Can a City Bind Itself to Exercise Eminent Domain? Brief Opposing Cert in Matsuda
Following up on the earlier post about the cert petition in Matsuda v. City and County of Honolulu, 512 F.3d 1148 (9th Cir. Jan 14, 2008), the Brief in Opposition is posted here (1.7mb pdf). The Supreme Court docket report is here (No. 07-1305).