The State (actually Waiola Waters of Life, the defunct charter school) has asked the Hawaii Supreme Court to reconsider its decision in County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010). In that case, the court held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a
Upcoming ABA Panel On The Judicial Takings Case (San Francisco 8/6/2010)
This Friday, August 6, 2010 from 2:30 – 4:00 p.m. as part of the ABA Annual Meeting in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of what was, in my opinion, the most fascinating case of the Supreme Court’s recently-concluded term, Stop the Beach Renourishment, Inc. v.
Ninth Circuit Posts Video Of Guggenheim (Rent Control Takings Case) En Banc Oral Arguments
Last month, we attended the oral arguments in the rehearing en banc of Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009).
The three-judge Ninth Circuit panel held 2-1 that a takings challenge was ripe under Williamson County, and ruled the City of Goleta, California’s ordinance was a facial
There Once Was Some Land In Nantucket … Mass SJC Considering Public Trust And Torrens Title Case
Update: The court issued its opinion this morning.
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Is there anyone who can resist, when something Nantucket-related (mostly SFW) comes up, to launch into a limerick? We sure couldn’t.
But we will spare you our bad poetry this time, and instead focus on an appeal now under consideration by the Supreme Judicial Court
7th Circuit: Political Chutzpah Lawsuit Not Ripe
So let’s say you want to hold fundraisers for political bigshots in your home. When the crowd you are hobnobbing with includes Bill Clinton, you might expect the Secret Service to come along, and you might expect that your local constabulary is asked to pitch in to help the T-Men with security, and traffic and
Justice Delayed Is Justice Denied: Zoning Permits
In Kauai Springs struggling, The Garden Island (the Kauai daily newspaper) writes about
The Kauai Planning Commission (Planning Commission) asks this Court to validate a remarkable theory: that in the course of reviewing whether Kauai Springs, Inc. (Kauai Springs) was entitled to three simple zoning permits for its agriculturally-zoned land, the public trust doctrine
New Book: Property Rights – Eminent Domain and Regulatory Takings Re-Examined (2010)
I recently picked up a copy of Property Rights – Eminent Domain and Regulatory Takings Re-Examined (Bruce L. Benson, ed., Independent Institute 2010), available on-line here.
At 299 pages and with 13 entries, I haven’t had a chance to read the whole thing yet. But after an initial skim, a few of the chapters
Cal App: No “Substantial Issue” Meriting Appeal To Coastal Commission
In Hines v. California Coastal Commission, No. A125254 (decided June 17, 2010, ordered published July 13, 2010), the California Court of Appeal (First District) held that the California Coastal Commission properly refused to hear the appeal of a neighbor who opposed the grant of a use permit because the appeal did not present a
HAWSCT: Zoning Statutes Are “Environmental” Laws Which Can Be Enforced By Lawsuit
In 1978, the people of Hawaii amended the state constitution to recognize “the right to a clean and healthful environment,” and expressly enabled lawsuits by private parties to enforce “laws relating to environmental quality” —
Each person has the right toa clean and healthful environment, as defined by laws relating to environmentalquality, including control of
More On The “Judicial Takings” Case (Stop The Beach Renourishment)
More on the “judicial takings” case, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010).
Remember that at the ABA Annual Meeting next month in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of the case. I’ll be moderating, and