Land use law

In Scheehle v. Justices of the Supreme Court of Arizona,No. 05-17063 (Nov. 15, 2007), the Ninth Circuit held that Arizona’s”low bono” requirement that all attorneys serve as arbitrators for $75per day, maximum two days, is not a taking.  It’s probably safe tosurmise that the plaintiff’s position probably received little sympathyoutside of certain members of…

Check out this story from the Big Island’s West Hawaii Today (free registration may be required), “Other counties’ vacation rental laws could prove Big Island boon,” which starts off with this theorem: “[t]he Big Island could soon experience a windfall ofvisitor dollars that would have otherwise flowed into Maui, Kauai andHonolulu.” …

More on Franco v. National Capital Revitalization Corp., No. 06-CV-645 (July 12, 2007), a decision from the District of Columbia Court of Appeals about the level of proof needed to show a “pretextual” — and therefore prohibited — taking. 

I.  Kelo and Pretextual Takings

In Kelo v. City of New London, 545 U.S.

The US Court of Appeals for the Second Circuit (NY) has provided some guidance on how to prove a substantive due process zoning case, and what is a “property interest” that triggers constitutional protection.  In Cine SK8, Inc. v. Town of Henrietta (No. 06-1718-cv) (Nov. 8, 2007), “Fun Quest” received a special use permit to…

The Court has posted the transcript of today’s oral argument in the John R. Sand and Gravel Co. v. United States appeal here. 

The Supreme Court will decide whether the statute of limitations in inverse condemnation actions against the United States under the Tucker Act is “jurisdictional” or may be waived by the defendant. …

A must-read decision today from the Ninth Circuit — Crown Point Development, Inc. v. City of Sun Valley, No. 06-35189 (Nov. 1, 2007).  The court clarified a point that has been a long time coming: a property owner may assert claims under both the Takings and the Due Process Clauses.  In other words, land…

In a case that may hold lessons for Hawaii land use law, the State of Washington Supreme Court recently invalidated under state law a series of moratoria on shorelinedevelopment permits because the city had no power under delegated statelaw to enact a moratorium.  Hat tip to Professor Patty Salkin’s Law of the Land blog for…

In Desert Outdoor Advertising, Inc. v. City of Oakland, No 01-15501 (Oct. 30, 2007), the US Court of Appeals for the Ninth Circuit upheld most of Oakland, California’s billboard restrictions against a free speech challenge.  The court summarized the case:

Desert Outdoor Advertising, Inc., wants to display three billboards, each of which would be…