On Tuesday, June 22, 2010 starting at 2:00 p.m., the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in the en banc review of a takings challenge to the City of Goleta’s mobile home rent control ordinance (RCO).
In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep.
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Most of the time when we think of impact fees and other development exactions, Nollan and Dolan spring immediately to mind. In those two cases, the Court established the requirement that exactions have a reasonable relationship (“nexus”) to some ill caused by a proposed development, and be “roughly proportional” to the impact created by the…
Today, by a 3-2 vote, the Hawaii Supreme Court declined to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009), which held that “Act 73” (codifed here and here) was a taking. [Disclosure:…
Yesterday, we filed an amicus brief in an appeal we wrote about earlier, In re Trustees Under the Will of the Estate of James Campbell, No. 30006. The appeal involves the nature of “Torrens” title and, in a broader sense, the nature of property rights themselves.
Hawaii is one of the few remaining…
Comes news that the State Land Use Commission has reclassified a large portion of state-owned land in east Oahu from “urban” to “conservation.” See Ka Iwi shoreline area reclassified as conservation land (via Hawaii News Now) and Ka Iwi coast gets added protection (via the Honolulu Advertis…Honolulu Star-Advertiser). The reports state the…
Last week, we
Howard v. County of San Diego, No. D055419 (May 26, 2010).
Here’s a case, issued yesterday by a California Court of Appeal, that is not directly about the use of eminent domain for redevelopment purposes to remedy “blight,” but is nonetheless worth reviewing since it shows how redevelopment supposedly “pays for itself” (in the words of a court) through tax increment financing:
Under the [California Redevelopment…
Here’s the latest development in the reconsideration process in the Turtle Bay/Kuilima EIS case, Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010).
As we noted earlier, Kuilima Resort Company filed a motion asking the Hawaii Supreme Court to reconsider or clarify its opinion in the case.
According to the Daily Reporter (Wisconsin), that is. If it’s on the internet, it must be true, right?
Activists want U.S. Supreme Court to rule on eminent domain case summarizes the background in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee…
Appellate courts issue opinions and orders to decide cases. The opinions and orders in many cases get “published,” meaning that they end up in the bound reporters (the U.S., Federal, Federal Supplement, the official state reports, and in West’s Regional Reports, for example) and become precedential and set forth a rule of law governing future…
