Once again, our old friend and colleague Paul Schwind is following an interesting ongoing case. We’ve been tracking the “Bridge Aina Le`a” litigation, but have not had the time to digest the latest developments in a comprehensive fashion and Paul attended the recent federal court hearing in the federal phase, and has kindly provided
Latest In Big Island Takings And Vested Rights Challenge To LUC Reclassification
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
New Lawsuit To Watch: Land Use Commission, Vested Rights, Civil Rights
A new case worth watching has been filed in Hawaii state court (Third Circuit, the Big Island) that involves allegations of vested rights and estoppel, Nollan/Dolan exactions, state and federal due process and takings, inverse condemnation, and equal protection.The
See below, the Complaint in Bridge Aina Le’a v. State of Hawaii Land Use
Eminent Domain & Property Law Blogs From Today’s ALI-ABA Session
At today’s ALI-ABA annual conference on eminent domain law in Coral Gables, Florida, Tony Della Pelle (NJ Condemnation Law blog) and I (in a session moderated by Nancy Myrland) presented “The ‘Social’ Lawyer: New Media Strategies for Marketing Your Eminent Domain Practice,” about how eminent domain attorneys can use social media for
En Banc 9th Circuit Decides Guggenheim: Mobile Home Rent Control Ordinance Is Not A Regulatory Taking
This just in: the en banc Ninth Circuit, in an opinion by Judge Kleinfeld (the dissenter from the panel opinion) has concluded that the City of Goleta’s mobile home rent control ordinance is not a regulatory taking. In Guggenheim v. City of Goleta, No. 06-56306 (Dec. 22, 2010), the majority “assumed without deciding” that
Cal Ct App: Facial Equal Protection Challenge To Zoning Ordinance Cannot Tag Along With Invalid As-Applied Challenge, Man
In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County’s zoning code that medical marijuana dispensaries obtain a permit to operate must have been brought within 90 days of the enactment of the
Land Use Law Day At The Seventh Circuit: “Property Owner Can Kill A Trespassing Dog That Has Irresistible Urge To Suck Eggs”
Here’s an opinion from the U.S. Court of Appeals for the Seventh Circuit that’s worth reading, if only to see why we like reading Judge Posner’s writings:
- It uses contractions (Judge Kozinski would approve). Slip op. at 11 (“The rule doesn’t apply to an order of civil contempt…”); slip op. at 5 (“No court thinks,
Why Hawaii Can’t Vote On Property Taxes
Faced with a budget shortfalls and declining revenue projections (and what level of government these days isn’t?), the Honolulu City Council voted today to raise property taxes and eliminate a property tax credit that would have softened the raise for some homeowners. See the reports here and here. It also voted to raise the
Book Review: Ben: A Memoir, from Street Kid to Governor
The
Ben: A Memoir, From Street Kid to Governor (available from Amazon here) isn’t all that much different from other politicians’ autobiographies, which are
Spinning The Ceded Lands Decision
Here’s a collection of the reports and commentary beginning to come in about the U.S. Supreme Court’s unanimous opinion in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (Mar. 31, 2009):
- When Sorry Isn’t Good Enough – The Wall Street Journal law blog summarizes the opinion, and links to the