Several items of interest:
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A cert petition has been filed seeking review of the Ninth Circuit’s decision in McClung v. City of Sumner, 548 F.3d 1219 (9th Cir. 2008), the case in which the court held:
This case presents an issue of first impression in this Circuit — whether a legislative, generally applicable development condition that does not…
Thank you to those who were able to join us live for today’s teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update:
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Here’s a collection of the reports and commentary beginning to come in about the U.S. Supreme Court’s unanimous opinion in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (Mar. 31, 2009):
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What to make of the U.S. Supreme Court’s unanimous opinion in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (Mar. 31, 2009), beyond the narrow holding that the Apology Resolution had no legal effect? Think about these points, if you will:
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The U.S. Supreme Court held that a Congressional resolution apologizing for the United States’ role in the overthrow of the Hawaiian kingdom was just an apology, and had no legal effect. In an opinion for a unanimous Court authored by Justice Alito, the Court held:
The Supreme Court of Hawaii erred in reading § 3…
A unanimous Supreme Court, in an opinion authored by Justice Alito has reversed and remanded the Hawaii Supreme Court in the “ceded lands” case. The opinion is posted here.
More to follow after a chance to read the opinion, but here’s the short story:
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There’s still time to register for two teleconferences that are a part of the ABA State and Local Government Section’s “Virtual Spring Meeting.” I hope you can join us for at least one of the programs.
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Following up on this story, West Hawaii Today reports “Attorneys argue against Supreme Court ruling on bypass,” about whether a second attempt to condemn property ostensibly for a road ispretextual when the court determined the first attempt was unconstitutional and nothing changed:
Attorneys for the Richards family and theCoupe Trust, in documents…
For those who couldn’t watch it live, the Hawaii public television station has posted a video of yesterday’s broadcast of a discussion about the “ceded lands” case. The program includes Hawaii Attorney General Mark Bennett who argued the case for the state, and Sherry Broder, the attorney for the Office of Hawaiian Affairs.
