Here are the respondents’ merits briefs in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):
Land use law
Cross-Motions On Due Process Issue Denied In Maui Affordable Housing Exaction Case – Next Up, Jury Trial
By Robert H. Thomas on
The District Court has denied cross-motions for summary judgment on the due process claims in the case challenging Maui County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The court’s order is available here.
The court’s denial focused mostly on procedural issues and the…
Amicus Brief Supporting Gov’t In Beachfront Takings Case: Statute Didn’t Eliminate Common Law Rights, It Enhanced Them
Brevard County, Florida, has filed an amicus brief supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
In Walton County v. Stop the Beach Renourishment, Inc.,998So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
Amicus Briefs Supporting Cert: Is Forcing A Property Owner To Allow Adverse Speech A Taking?
By Robert H. Thomas on
Four amicus briefs have been filed in Macerich Management Co. v. United Brotherhood of Carpenters and Joiners of America Local 568, No. 09-235 (cert. petition filed Aug. 24, 2009), urging the Supreme Court to review United Brotherhood of Carpenters and Joiners of America Local 848 v. National Labor Relations Bd., 540 F.3d 957…
Upcoming HAWSCT Oral Arguments: Are State Zoning Laws “Environmental” Statutes?
By Robert H. Thomas on
Update: we confirmed with the Clerk that the arguments are on Tuesday, October 13, 2009, and not on “Thursday” October 13 as noted on the Judiciary web site. We will be live blogging the arguments starting at about 9:45 a.m., Hawaii time.
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On Tuesday, October 13, 2009 at 10:00 a.m.…
New Issue Of The Urban Lawyer Posted
By Robert H. Thomas on
Posted in Articles and publications, Land use law
The Spring 2009 edition of The Urban Lawyer, the ABA Section of State & Local Government Law’s peer-reviewed quarterly law review, is now available on-line. This edition focuses on fair housing testing and Fair Housing Act issues. Abstracts of the articles and case summaries are available here. ABA members may grab pdf’s of…
Final Briefs On Due Process Motions In Maui Affordable Housing Exaction Case
The property owners and the County of Maui have filed their opposition and reply briefs regarding the cross motions for summary judgment in the Maui affordable housing case now being litigated in the U.S. District Court, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.).
The case is a challenge…
New Brief: Must A Property Owner Seek A Change In The Law In Order To Ripen A Takings Claim?
Today, we filed an amicus brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City…
Latest In Maui Affordable Housing Exaction Case: Opps To Cross-Motions On Due Process
By Robert H. Thomas on
Upcoming Seminar: Practical Guide to Zoning and Land Use Law (9/16/2009)
By Robert H. Thomas on
On Wednesday, September 16, 2009, I’ll be on the faculty of “Practical Guide to Zoning and Land Use Law,” a day-long seminar in Honolulu. This is an annual program dealing with zoning approvals,constitutional limitations on land use regulations, and administrativeprocedure.
I will be leading sessions on “Current Case Law and Legislative Update,” and “Appealing an…