Land use law

The most easily recognizable equal protection claim is one in which the plaintiff claims membership in a protected group, and some form of discrimination against the class. Another type of equal protection claim is the “class of one” claim under Village of Willowbrook v. Olech, 528 U.S. 562 (2000) (per curiam), where the Court…

In reviewing some of the comments posted on the Honolulu Advertiser’s November 1 report  “Rail study doesn’t list all affected properties,” it seems several of the commenters have fairly severe misconceptions about how eminent domain law works in Hawaii. Let’s clear some up some myths.

  • Myth #1: The city will offer a “premium”

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What more could we possible say about the bizarre ripeness/issue preclusion Catch-22 brought on by Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) that we haven’t said before, several times? The rule is unique to regulatory takings law and forces property owners alleging violation of…

In Nuuanu Valley Ass’n v. City & County of Honolulu, No. 28599 (Oct. 24, 2008), the Supreme Court of Hawaii clarified when a project that is not being built on state or county land meets the definition of “use” of such lands triggering review under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch.

Thanks to Professor Friedman’s Religion Clause blog for the post about the federal government seeking Supreme Court review of the Ninth Circuit’s decision in Buono v. Kempthorne, No. 05-55852 (Sep. 6, 2007). In that case, the Ninth Circuit invalidated a land swap on Establishment Clause grounds. The Solicitor General’s cert petition suggests two Questions…

A worthwhile article in the latest edition of The Urban Lawyer about settling land use disputes with processes that may not adhere strictly to the usual permit consideration procedures.  Here’s the summary from the ABA’s site:

Paul D. Wilson, Of Synagogues and Nude Juice Bars: Can a Municipality Settle Land Use Litigation Without a …

The audio file (30mb mp3) of the Supreme Court of Hawaii oral arguments in County of Hawaii v. Richards, has been posted here.  the appeal from two eminent domain actions on the Big Island of Hawaii. 

Here are the materials from today’s discussion:

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Farmers and ranchers should be aware of a new law passed by theLegislature last session that adds another layer of protection forHawaii agriculture.

A new section was added to the Land Use Law (chapter 205) requiringthat before the State Land Use Commission approves a petition for a“boundary amendment” (a change in the state’s land use…