After Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005)informed us that the “substantially advance a legitimate state interest”test was one of substantive due process, not regulatory takings, the courts began revisiting the long-neglected topic of substantive due process in the land use context.
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The Maui News reports “Vacation rental group planning to appeal ruling” —
The Maui Vacation RentalAssociation will appeal U.S. District Judge Michael Seabright’sdismissal of its suit against Maui County to the 9th Circuit Court ofAppeals.
President David Dantes said Wednesday that the association had retaineda land use legal specialist, Robert Thomas of the …
Several cases focused on the issue of due process notice in eminent domain. In Divine v Town of Nantucket,449 Mass. 499, ___ N.E.2d ___ (July 19, 2007), the Supreme JudicialCourt of Massachusetts invalidated the town’s 1968 exercise of eminentdomain since the town’staking listed the owners of the property as “owners unknown,” which wasnot sufficient…
It’s a pretty rare event when a court invalidates a law for violating the Equal Protection clauses of either the Hawaii or U.S. Constitution under rational basis review. In Silva v. City & County of Honolulu, No. 27385 (Aug. 10, 2007), the Hawaii Supreme Court did just that, holding that Haw. Rev. Stat.
An important case from the Pennsylvania Supreme Court. In Middletown Township v. The Lands of Josef Seegar Stone, No 64 MAP 2006 (Dec. 28, 2007), the court upheld the power of a local government to take property “for any legitimate purpose,” notwithstanding statutory language that did not extend authority to the town to take…
A round up of posts of possible interest to readers:
The 18-page lawsuit names as defendants thecounty of Kaua‘i, the Planning Commission, and the Planning Departmentand its director. It asks for the Koloa Creekside Estates …
Jesse Souki has some interesting thoughts on the recent Intermediate Court of Appeals decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007), over at his Hawaii Land Use Law blog:
Prior to the instant case, Hawaii courts strained to find a contested case before…
Government Gone Wild: the sad case of Wilkie v. Robbins. In perhaps the low point of 2007, the U.S. Supreme Court held that alandowner who was subject to systematic harassment by governmentofficials because he had the temerity to refuse to give up a publiceasement on his land without just compensation did not have acomprehensive…
Although the decision is not about land use, the Hawaii Intermediate Court of Appeals’ decision in E & J Lounge Operating Co. v. City and County of Honolulu, No. 27940 (Dec. 24, 2007) is worth a read since it analyzes when an agency is required to hold a “contested case” (an administrative trial) in…
The US District Court for the District of Hawaii dismissed most of the counts of the Maui Vacation Rental Association’s complaint against the County of Maui. The court held that MVRA had the right to bring suit on behalf of its members, but dismissed — without leave to amend — the substantive and procedural due…
