The Zoning and Planning Law Report (Thomson | West) has published my article about the post-Lingle developments in substantive due process in the Ninth Circuit. Download a pdf of the article here.
From the introduction:
Substantive due process asserted as a claim for relief has a whiff of danger about it. After all
Thanks to SCOTUSblog for posting the cert petition, filed on January 5, 2008, in Navajo Nation v. United States Forest Service, No. 08A368.
The petition seeks review of an en banc Ninth Circuit panel decision holding it was not a “substantial burden” on the religious exercises of Native American tribes for the Forest
2008 saw no blockbuster court decisions on shoreline law, just a continuation of existing trends.
Setbacks
Shoreline setback are a “no build” zone on private beachfront property, measured from a “setback line.” Hawaii state law establishes a minimum shoreline setback, and the four counties are allowed to establish their own (greater) setbackstandards. In 2008, Kauai
The Hawaii Supreme Court clarified when an agency hearing will be deemed to be a “contested case” in E & J Lounge Operating Co. v. Liquor Comm’n of the City & County of Honolulu,No. 27940 (July 29, 2008). The issue was whether, as the caption of the caseindicates, a public hearing before the Honolulu
A round up of interesting and notable zoning decisions:
In a brief order available here, the Hawaii Supreme Court has rejected an application for writ of certiorari, declining to review the Intermediate Court of Appeals’ decision in Pono v. Molokai Ranch, Ltd., 119 Haw. 163, 194 P.3d 1126 (2008).
In that opinion, the ICA held that private citizens do not have standing
There have now been a total of five briefs amicus curiae filed supporting the petition for writ of certiorari in Charles A. Pratt Construction Co. v. California Coastal Commission, No. 08-668 (cert. petition filed Nov. 18, 2008) (SCOTUS docket report here).
We wrote here about the California Court of Appeal’s decision, reported at 76
Here is the brief amici curiae of the National Association of Home Builders, California Building Industry Association, Building Industry Association Legal Defense Foundation, and Home Builders Association of Northern California urging the U.S. Supreme Court to review the California Court of Appeal’s decision in Charles A. Pratt Const. Co. v. California Coastal Comm’n, 76
It’s not often that you see an opinion piece previewing an attorney’s arguments in a pending case being published before his or her brief has been filed. Most commonly, if counsel publishes in the op-ed pages about a case, it is afterthe brief has been filed or after the court has rendered adecision. Thus, the
In a major decision regarding eminent domain, whether the government must pay damages when its attempts to condemn property fail, and the standards applicable to challenging the government’s claim that a taking is for public use, the Hawaii Supreme Court today issued an opinion in County of Hawaii v. Richards, No. 28882, the consolidated