Lawprofs and other academics will tell you that nuisance law is about “negative externalities” and the like, but to us, it has always been about the smell.
Especially when it comes to nuisance claims about farms and ranches. Excessive noise, dust, weird hours. No question, those can be disturbing to neighbors and the public, but…
Here’s one in a land use case we’ve been following, both because it is a huge issue and because our partners Greg Kugle and Matt Evans represent the prevailing land owner.
All Hawaii land users need to read this, a 4-1 decision (Justice McKenna writing for the majority, with Justice Pollack in in dissent…
We always enjoy reading the briefs filed by the Center for Constitutional Jurisprudence because they reference “first principles” and are usually heavy on the history. We like history.
This amicus brief, filed by CCJ today in support of the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition…
Here’s one more amici brief supporting the the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015). (Here is the first amicus brief filed today, and here’s the second.)
This one — on behalf of the National Federation of Independent Business Small Business Legal…
Here’s the second amicus curiae brief supporting the the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015). (Here’s the first.)
This brief was filed by the Institute for Justice, and authored by Supreme Court takings maven Michael Berger:
1. It is…
Here’s the first in a series of amicus briefs we’re going to post which urge the Supreme Court to grant the cert petition in Arrigoni Ent., LLC v. Town of Durham, No. 15-631 (cert. petition filed Nov. 10, 2015).
This amicus brief was filed by the Cato Institute, and like the petition, …
Here’s the first in a series of posts we’re going to put up, with the cert petition and the supporting amici briefs (ours included) in Arrigoni, Ent., LLC v. Town of Durham, No. 150631 (petition filed Nov. 10, 2015).
In that case, the Second Circuit in a two-sentence ruling, summarily affirmed the District Court’s dismissal…
Here’s a case we’ve been following for quite a while, waiting for the opinion to drop.
And now it has. In State v. Palama, No. CAAP-12-0000434 (Dec. 11, 2015), the Hawaii Intermediate Court of Appeals, in an unpublished memorandum opinion, upheld the trial court’s dismissal of criminal trespass charges against a fellow who asserted that…
Space. The final frontier. These are the voyages of the telescope Thirty Meter. Its five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other …
Here’s the recently-published brochure with more details about the ALI-CLE Eminent Domain and Land Valuation LItigation conference, set for Austin in January 2016.
In the coming days and weeks, we’ll be posting more details about the conference. Our co-planning chairs Joe Waldo, Jack Sperber, and Andrew Brigham have assembled a great agenda, taught by …
