Here is the oral argument recording in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, case argued yesterday in the Ninth Circuit at its session in Honolulu. As we previewed, the issues involved Pullman abstention and immunity. As for Williamson County ripeness, an issue the court asked the parties to brief separately
Latest Federal Court Salvo In The GMO Front
For those of you who follow the issue, here’s the latest in the “genetically modified organisms” issue, yet another one where Hawaii is apparently the epicenter. As we posted earlier, the County of Kauai adopted an ordinance regulating GMO’s which was immediately challenged in Federal District Court in Honolulu, while the County of Hawaii
Ninth Circuit Sua Sponte Raises Williamson County Ripeness, Asks For Briefing, Gets Some
It’s been our experience that when a court of appeals — particularly when it’s the Ninth Circuit, and it’s the eve of oral argument — raises an issue on its own after the briefs have been filed and requests supplemental briefing, then whatever that issue is must really be on the judges’ minds. They’re the cream
RLUIPA And The Condemnation Of Church-Owned Property
Our friends and colleagues over at RLUIPA Defense blog Evan Seeman and Dwight Merriam have posted on a case is generating some media attention, and might be interesting to watch.
Orlando wants — what else — a new sports venue. A soccer stadium. And the city is using — what else — eminent domain to get
It Was 30 Years AgoToday…
…No, not Sgt. Pepper. It was on this day in 1984 that the U.S. Supreme Court issued its 8-0 decision in Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984), as this article (“Today in 1984: SCOTUS Upholds Hawaii Land Redistribution Eminent Domain Plan“) correctly notes.
Check it out. The author, “an
Eminent Domain Tourism, Asheville Edition
Those of us who practice eminent domain and land use law see the world through a different lens than everyone else. When normal people get stuck in traffic because of highway construction, they may view it as a mass of cement mixers, graders, and safety-vested crews. We eminent domain lawyers see partial takes, severance damages
New Article Of Note: The Role Of Eminent Domain Abuse In Detroit’s Downfall
Worth reading: Gideon Kanner, Detroit and the Decline of Urban America, 2013 Mich. St. L. Rev. 1547 (2014), in the forthcoming issue of that august publication. Its not yet available on the law review’s web site, but Professor Kanner has written up a summary on his blog (he might even send you a
Guest Post: Upcoming Ninth Circuit Oral Argument In Bridge Aina Lea: Pullman Abstention, Williamson County Ripeness, And Absolute Immunity
Before we get to today’s post (kindly provided by our colleague and friend Paul Schwind), and the Ninth Circuit briefs, here’s some background on the cases he writes about.
On June 10, 2014, the Ninth Circuit will ride circuit to Honolulu and hear oral arguments in a case which we’ve posted about before. The litigation is
Western Australia Supreme Court: GMO “Contamination?” No Worries, Mate
Earlier this year, we co-chaired the Hawaii Agriculture Conference, and one of the hottest items on the agenda was the “GMO” issue, now brewing in at least two Hawaii courts (the Kauai ordinance was challenged in federal court, while the Big Island ordinance was challenged in the Third Circuit).
We’re
11th Circuit: Riparian Rights Not “Fundamental,” And Not Subject To Lingle
In 1993, in order to protect seagrasses, the city of Sanibel adopted an ordinance prohibiting the new construction of docks and piers in certain areas of town. Plaintiffs, littoral owners who bought their land after the ordinance was in place, thought that — this being Florida, and an island — it was their right to