“Waikiki” means a lot of things to a lot of people. With its wall-to-wall high rises, it could be Las Vegas-by-the-Sea. Or the site of the most famous beach in Hawaii, if not the world. A place where impossibly tony shops and kitsch exist side-by-side. Where the “Hawaiian” bric-a-brac is imported from the Phillipines and
Land use law
Amici Brief In SCOTUS Affordable Housing Case: Prohibiting Homebuilders From Selling At Fair Market Value For 55 Years Is A Taking
Here’s the amici brief we filed today in California Building Industry Ass’n v. City of San Jose, No. 15-330 (Oct. 16, 2015).
That’s the case in which the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and thus should have been subject to …
Upcoming Events And CLE’s – Appellate, RLUIPA, Sharing Economy, And More
Here are some upcoming events in which you may be interested, in chronological order:
- Sharing Economy: this Friday, October 16, 2015, from 1:00 pm – 2:30 pm ET: “Is Sharing Really Caring? Part I: The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy.” This is a webinar-format program, a follow up
…
It’s Here – 2016 ALI-CLE Eminent Domain Conference: Complete Agenda, Faculty, Registration Information
Here’s the full agenda for the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, January 28-30, 2016, in Austin, Texas.
Together with our friend and colleague Joe Waldo, we think we’re put together a pretty good program that covers a lot of ground. This is the first time the conference has been…
Penn Central, Part Deux? A New Complaint Alleges A Taking Of Grand Central Air Rights
Check this out, a story in the September 28, 2015 edition of the New York Times, “Owner of Grand Central Sues Developer and City for $1.1 Billion Over Air Rights.”
Reminds us of this obscure Supreme Court case we heard about…
The Times reports that the current owner of Grand Central Terminal…
New Book: Municipal Law Deskbook
Look what arrived in the mail, a copy of the ABA Section of State and Local Government Law’s recently-published Municipal Law Deskbook, edited by our friend and colleague, Oregon’s Bill Scheiderich.
We received a gratis copy because we authored the chapter on Regulatory Takings. The book is designed as a quick reference guide…
Detroit Travelogue
We’re in Detroit and environs for the weekend, doing some scouting for an upcoming meeting of the ABA’s Section of State and Local Government Law.
Had a Faygo Redpop at the site of Tiger Stadium in Corktown, dinner in Poletown, a fresh peach at the Saturday Eastern Market, and read this recent Sixth …
Cert Petition: Requirement That Developers Set Aside “Affordable” Units Is Subject To More Than Rational Basis Review
Here’s the cert petition you knew was coming, which asks the U.S. Supreme Court to review the California Supreme Court’s decision upholding the City of San Jose’s “inclusionary housing” requirement by applying rational basis review. The California court held the requirement was not an “exaction,” and was no more than a mere zoning regulation or…
Hawaii Joins Amici Brief In 2d Cir GMO Labeling Appeal
As noted in the Honolulu Civil Beat story, “Hawaii AG Backs Vermont GMO Labeling Law,” Hawaii has signed on to an amici brief in support of the State of Vermont in the Second Circuit appeal of a Vermont federal court’s ruling which rejected a challenge to Vermont’s requirement to label GMO products.
Tomorrow: ABA Land Use Committee Talk On The California Workforce Housing “Exaction” Case
Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.
It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was…



