Land use law

HAWSCT

We’re not going to go into very much detail or provide commentary on the Hawaii Supreme Court’s unanimous 88-page opinion in an eminent domain case we’ve been following, City and County of Honolulu v. Victoria Ward, Ltd., No. SCAP-22-0000335 (Dec. 29, 2023), because before we departed private practice for public interest law

Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:

DSCF3357
The place hasn’t changed that much since 1980, has it?

As you know, the legendary Gideon Kanner left us in November. The tributes continue to be published. You’ve no doubt seen our remembrance of Professor K, as well as this one from Southern California Appellate News, this memorial from Loyola Law, our

Here’s the latest in a case we’ve been following.

In this Order, the U.S. District Court for the District of Hawaii made permanent its earlier ruling that Honolulu’s ordinance which expanded the minimum rental term to 90 days because it did not account for those owners who were already legally renting their properties

PXL_20230223_024826759

Starting in January, we’ll be helping our friend and former law partner Mark M. Murakami with the venerated and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.

We’re temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that

We’ve been eagerly waiting for the new season of the Institute for Justice’s podcast series, “Bound by Oath” to drop. Not only because it’s a great series – produced by John Ross, it is more like an audio documentary than a typical podcast – but also because John was kind enough to ask

You remember that longstanding trope: that matters of land use are “local” issues, and thus in civil rights claims involving a state or local government interfering with the right of property federal courts should avoid adjudication until the government has had every chance to do the right thing (even where it is patently obvious that

PXL_20231202_194330453.PORTRAIT

Here it is — Professor Gideon Kanner’s final law journal article, published shortly before his passing:

Gideon Kanner, Eminent Domain Projects That Didn’t Work Out, 12 Brigham-Kanner Prop. Rts. J. 171 (2023).

Appropriately, we think, published in William and Mary Law School’s Brigham-Kanner Property Rights Journal, named in part in Gideon’s honor.

Pace
22nd annual Alfred B. DelBello Land Use
and Sustainable Development Conference

Come, join us (and others) on Thursday-Friday, December 7-8, 2023, at Pace Law School in White Plains, New York for the Land Use and Sustainable Development Conference (this year’s conference theme is “Balancing Economic Realities with Environmental and Social Concerns”).

We’re speaking about the