New filings in the federal district court litigation challenging the County of Maui’s “workforce housing” ordinance. Enacted in 2006, the Maui ordinance imposes a 40% to 50% affordable requirement on most development, including the subdivision of land. A property owner subject to this exaction challenged the ordinance under the Nollan/Dolan doctrine of unconstitutional
More on Oral Arguments in Kona Eminent Domain Abuse Appeal
As noted in this post, the Supreme Court of Hawaii has scheduled oral arguments in the consolidated appeal from two eminent domain lawsuitsfiled by the County of Hawaii in 2000 and 2005. Today’s West Hawaii Today has this story about the arguments.
More on Kauai Springs Zoning Permit Appeal Victory
From today’s Honolulu Star-Bulletin: Judge approves company’s permits
Victory in Kauai Springs Zoning Permit Appeal
Yesterday, the Kauai circuit court granted a permanent injunction, and ordered that Kauai Springs‘s applications for three zoning permits should not have been denied by the Kauai Planning Commission in January 2007. The case is an appeal from an agency decision under the HawaiiAdministrative Procedures Act (a procedure known in other jurisdictionsas a petition
Oral Argument Scheduled in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
The Supreme Court of Hawaii has scheduled oral arguments in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. The issues in the case include:
- application of Haw. Rev. Stat. § 101-27(1993), the statute that provides that the government must make
Opposition To Reconsideration Motion In Maui Affordable Housing Exaction Case
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