This just in: the Hawaii Supreme Court has issued an opinion in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu). In short, the court held that a supplemental environmental impact statement is required when a project’s context changes, even if the project itself has not. The
Be Careful Of Lawprofs Bearing Praise: Another Chapter In The “Background Principles” Debate
When one lawyer writes that another is “my friend and colleague,” watch out: what follows may not be exactly friendly or collegial. For legal academics, the rule is even more pronounced when the friend-and-colleague’s name shows up in the title of an article.
In that vein, we bring you the latest chapter in the ongoing
California Court Of Appeal: Takings Claims Brought Too Early, Too Late, And No Damages For Violations Of The Right To Petition (Inter Alia)
The latest skirmish in California’s mobile home rent control wars, this time from the California Court of Appeal, Fourth District, in two cases out of San Diego county, MHC Financing Ltd. P’ship v. City of Santee, No. D053345 (Mar. 15, 2010).
The cases present a convoluted series of facts and procedural twists which we
Ninth Circuit To Hear Rent Control Takings Case En Banc
This just in: the U.S. Court of Appeals for the Ninth Circuit will be hearing Guggenheim v. City of Goleta, No. 06-56306 (Sep. 28, 2009) en banc.
The panel opinion in Guggenheim held that the city’s mobile home rent control ordinance was a regulatory taking, an issue the court had never considered before:
Multimedia Round-Up
What we’re looking at and listening to today. Some video, some podcasts.
- First up is the video above from Reason.tv, Billionaires v. Brooklyn’s Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
- A clip about the owner of what might be “the most condemned property in America.” It features a Virginia rancher whose property
11th Circuit: County Reasonably Concluded Something Might Be Going On In The Champagne Room
Contradicting Chris Rock’s dictum (caution, may be very offensive), Fulton County, Georgia concluded there might be something untoward going on in the Champagne Room, at least in those serving alcohol. In Flanigan’s Enterprises, Inc. of Ga. v. Fulton County, No. 08-17035 (Feb. 16, 2010), the U.S. Court of Appeals for the Eleventh Circuit held
More On The Thirtieth Anniversary Of Kaiser Aetna
Barista’s note: we posted a version of this story before, on the 30th anniversary of the date the Court issued the opinion (December 4, 2009), but thought we would reprint a more detailed view, recently published in our firm’s newsletter, complete with photos.
Damon Key Celebrates Thirtieth Anniversary of Landmark U.S. Supreme Court Victory
What
ALI-ABA Annual Eminent Domain Conference Wrap-Up
We just wrapped up the annual three-day Festival of Eminent Domain Law, otherwise known as the American Law Institute | American Bar Association’s two CLE conferences, “Eminent Domain and Land Valuation Litigation,”and “Condemnation 101: How To Prepare and Present an Eminent DomainCase.”
Dana Berliner, Matt Fellerhoff and I spoke about about “Winning Arguments in
Getting The “Goodies” And Honolulu’s $100 Million Golf Course Exaction
On Wednesday, Honolulu lost its iconic former Mayor, Frank Fasi. Mayor Fasi will be remembered for a lot of things, but we here at inversecondemnation.com will fondly recall his cheek when it came to exactions and in lieu payments. Two of the more well known examples:
- During the second wave of investment in Hawaii
Off To The ALI-ABA Eminent Domain Conferences
There is still time to register for the two ALI-ABA eminent domain conferences, “Eminent Domain and Land Valuation Litigation,” and “Condemnation101: How To Prepare and Present an Eminent Domain Case,” being heldconcurrently at the Westin Kierland Resort in Scottsdale, Arizona.
Thefirst course is designed for attorneys with some condemnationexperience, while the second is an introduction