The State of Hawaii filed its merits brief in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). Download the brief here.
The U.S. Supreme Court is reviewing the decision of the Hawaii Supreme Court in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. …
A panel of the Ninth Circuit has revised its earlier opinion in McClung v. City of Sumner, No. 07-35231 (Sep. 25, 2008), adding a footnote:
On slip Opinion page 13750, insert a new footnote 3 at the bottom of the page after the sentence that ends “. . . applies to Ordinance 1603.” (and…
Check this out: an upcoming teleseminar on “Not in My Backyard (NIMBY): Development Resistance.” “This teleconference will provide practical, actionable tools toanticipate and avoid community resistance to controversial land useprojects and to actively build community enthusiasm for the proposal.” Sounds good to me. For this and other land use-related lexicon, see NIMBYs, BANANAs…
Given that Honolulu voters recently approved a $4B-plus rail system, an article from the San Francisco Chronicle about a new California law encouraging “local governments and builders to concentrate growth in urban areas orclose to public transportation hubs in an effort to reduceCalifornians’ use of cars and lower their greenhouse gas emissions” should be…
Revisiting a decision from September 2007, the Ninth Circuit revised the opinion in Equities Lifestyle Prop., Inc., v. County of San Luis Obispo (No. 05-55406), a decision we originally analyzed here. In the original decision, the Ninth Circuit affirmed the dismissal of a challenge to avoter-approved mobilehome “rent stabilization” (rent control) ordinance. The…
On October 1, 2008, the U.S. Supreme Court agreed to review the Hawaii Supreme Court’s decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii,117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). That decision heldCongress’ “Apology Resolution” required the State of Hawaii to reach apolitical settlement with Native Hawaiians…
When four justices of the U.S. Supreme Court tell you that a case needs to be overruled, and district judges acknowledge the case “has led to a number of serious problems,” you know something is seriously wrong. Yes, we’re back to Williamson County.
On November 25, 2008, the Supreme Court will consider whether to review the Sixth Circuit’s decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a decision we analyzed here. The petition expressly asks the Court to overrule Williamson County. We’ve detailed the kafkaesque nature of the Williamson…
So much of “land use” and eminent domain law also involves the law of state, local, and municipal government. Thus, its good to see the folks at the International Municipal Lawyers Association have started blogging. Check out IMLA’s Local Government Blog and subscribe to the RSS feed. Of special note are the posts on…
Administrative note: I’ve added two new categories for indexing posts:
Equal protection comes up often in land use litigation when the government discriminates against a person for belonging to a protected class, and when a landowner asserts she was singled out for different treatment than others…
