Today, on behalf of the Western Manufactured Housing Communities Association, we (me and my Damon Key colleagues Christi-Anne Kudo Chock and Matt Evans) filed an amicus brief brief urging the U.S. Supreme Court to accept for review the California Court of Appeal’s decision in Charles A. Pratt Const. Co. v. California Coastal Comm’n
Cal. Court of Appeals: Extension of Ordinance Allows New Inverse Condemnation Challenge
When must a landowner challenge a land use regulation she claims illegally impact her property? Talk to a lawyer, and they’re usually going to say that you should act sooner than later, and often the time limitations are very short. Under California law, for example, facial challenges to a zoning ordinance must be brought within
Final Amicus Brief Supporting the State of Hawaii in Ceded Lands Case
The State of Washington, along with 31 others have filed an amicus brief in support of the State of Hawaii in the ceded lands case (available here) which argues:
The amicus curiae states are deeply concerned with the lower court’s conclusion that the Apology Resolution creates or recognizes claims that cloud the title to
Hawaii Superferry Supreme Court Briefs
The case that would not go away, the “Hawaii Superferry” litigation, is back in the Hawaii Supreme Court this week for Round 2, with oral arguments scheduled for 9 a.m. on Thursday, December 18, 2008. The Court generally allocates 1/2 hour per side, for a total of one hour of argument (which may be extended
Cal. Supreme Court: Anti-SLAPP Suit Exemption Not Applicable Unless Entirety Of Case For Public Benefit
A “SLAPP suit” is a “strategic lawsuit against publicparticipation,” and many states have anti-SLAPP suit statutes designed to thwartretaliatory lawsuits that may chill the public’s willingness to exerciseFirst Amendment rights. For example, California’s statute definesSLAPP suits as:
lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition
The Dark Side of Zoning
An interesting op-ed piece in Sunday’s Honolulu Star-Bulletin, “Thank zoning laws for your peaceful home,” extols the virtues of zoning:
It has now been more than 85 years since the residents and city councilof the little village of Euclid, Ohio, found that their quietneighborhoods, where their children played, where they walked theirdogs
Book Review: The Complete Guide To Zoning
Ever wished you’d have the chance to sit down over a cup of coffee and talk one-on-one with an expert in his or her area of law, especially our favorite topic, Land Use Law? Well, here’s your chance to come awfully close to that, for a cost that’s well below the usual hourly rates attorneys
Federal Government in Ceded Lands Case: Sorry Seems To Be The Hardest Word
In a significant development and unexpected move, the Solicitor General has filed in the U.S. Supreme Court an amicus brief on behalf of the United States strongly supporting the State of Hawaii’s position in the ceded lands case, asserting the Apology Resolution was “hortatory, not substantive,” and that the ceded lands trust is supposed to
Ceded Lands Case: Federal Government Files Amicus Supporting Hawaii
In an significant development, on December 11, 2008, the Solicitor General filed an amicus brief in the ceded lands case now pending before the U.S. Supreme Court. We’ll post the brief shortly. The federal government’s participation was not expected.
This amicus brief has the potential to influence the Court, as the Solicitor General is sometimes