…this is might be it: Lampkins Crossing, LLC v. Williamson County, No. 3:17-cv-00906 (Nov. 14, 2017), in which the District Court dismissed substantive due process, procedural due process, and equal protection claims for not being ripe under Williamson County‘s “final decision” prong. The Williamson County case decided on Williamson County grounds.
Now, we’re…
Our colleague Rebecca Copeland has posted a preview and the briefs in an election law case we’re arguing next week in the Hawaii Supreme Court. See “Writ to Watch: Hyland v. Gonzales.” We’ve written about the case earlier here and here.
The question for the court’s review is whether an appeal in…
The issue resolved by the Minnesota Supreme Court in Zweber v. Credit River Township, No. A14-0893 (July 27, 2016) was one that land use lawyers deal with constantly: when an administrative agency is alleged to have violated someone’s constitutional rights, what procedural route must the legal challenge take — is the plaintiff required to…
Here’s the amici brief we’re filing today on behalf of the National Federation of Independent Business Small Business Legal Center and the Hillsborough County Chapter of the NAACP in support of a cert petition now pending at the Supreme Court.
The case centers around a “class of one” Equal Protection claim in which the plaintiff/petitioner alleges…
Yet another detour back to our second favorite topic, election law.
Casetext asked us to provide some commentary and analysis of the Supreme Court’s recent Evenwel opinion, and we produced this piece (“What Does Evenwel v. Abbott Mean For ‘One Person, One Vote?’“), which is a refinement of our earlier blog…
Who must may be counted for reapportionment purposes?
Everyone!
A slight detour from our usual fare, to post some thoughts about today’s big U.S. Supreme Court opinion on election law in Evenwel v. Abbott, No. 14-940. Evenwel is the sleeper case of the Term, and opened the possibility that the we might…
Here’s a new cert petition, seeking SCOTUS review of an unpublished opinion from the Eleventh Circuit. That court concluded that Dibbs’ equal protection challenge to the Hillsborough County’s Community Plan failed because he could not identify others who were similarly situated but treated differently.
Dibbs asserted. among other claims, that the County treated …
Mississippi, like many states, by statute allows private parties to condemn a neighbor’s land for use as a private access road, if doing so is “necessary” for a landlocked parcel to gain ingress and egress. This power is subject to limitations: for example, the parcel must be truly landlocked with no other access. Mississippi apparently has…
In a segment called “Are the Courts Crazy?,” (their title, not ours!), Kelii Akina and I chat about the recent decisions in the Thirty Meter Telescope case, the pig hunting as a traditional and customary native Hawaiian practice case, Hawaii’s new Environmental Court, and the challenge to the Hawaiians-only election…
Here’s your daily dose of election law action (don’t worry, land users, we’ve got one of those in the hopper for today as well), the latest on what has been labeled the “Costco” election and the “Oprah” election. The former premised on the notion that a seat at the convention now has all the…
