Reading the Alabama Supreme Court’s decision in City of Alabaster v. Shelby Land Partners, LLC, No.1120677 (Jan. 24, 2014), we are reminded of that episode of Star Trek where the gang accidentally ends up in a parallel universe, where things are all backwards. That’s the episode that probably started the meme that in order
Things To Read In Chicago When You’re Freezing
We’re at the ABA Midyear meeting in sunny Chicago, so we have our to-read links posted today instead of a new case digest. Our fingers are too frozen to post anything more:
- Kelo Revisited: Properties were seized and a neighborhood razed in the name of ‘economic development’ that never came (from the Weekly Standard).
- Lawprof
New Eminent Domain (And Related) Law Blog
One of the perks of attending the annual ALI-CLE Eminent Domain and Land Valuation conference (this year in New Orleans) is that in addition to 2 1/2 days of high-level CLE programming involving our favorite topic, you get to meet colleagues from across the nation (and internationally – expropriation lawyers from Canada were also with
Coy Koontz, Prevailing Property Owner In SCOTUS Victory, Interviewed
Coy Koontz, Jr., the prevailing property owner in Koontz v. St. Johns Water Management District, No. 11-1147 (June 25, 2013) joined our Pacific Legal Foundation colleague Jim Burling for an interview on Fox and Friends.
Kudos to Jim and Mr. Koontz for getting down to the studio
Cert Briefs In Admin Due Process Case
Here are the cert briefs in Kellberg v. Yuen, No. SCWC-12-0000266 (Haw. Jan. 22, 2014), the case in which the Hawaii Supreme Court held that there is only one “final decision” that a challenger must administratively appeal when objecting, and that due process requires the agency to give a challenger notice of the administrative
HAWSCT: Triggers To Administrative Appeals Must Be Clear And Noticed
The Hawaii Supreme Court has issued an opinion that is very good for property owners and anyone who must use the administrative appeals process. [Disclosure: we represent the prevailing Petitioner in this case.]
In Kellberg v. Yuen, No. SCWC-12-0000266 (Jan. 22, 2014), the unanimous court, in a detailed opinion by Justice Pollack, held that
31st Annual ALI-CLE Eminent Domain And Land Valuation Litigation (New Orleans)
Next week, we’ll be in New Orleans for the 2014 edition of the ALI-CLE Eminent Domain program, now in its 31st year.
As usual, my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs) have put together a fantastic 2.5 day of programming, taught by expert faculty. At 11:00 a.m. on
Cal App: County Can Condition Building Permit On Landowner Allowing Aircraft Overflight Easement
In Powell v. County of Humboldt, No. A137238 (Jan. 16, 2014), the California Court of Appeal held the County’s demand that landowners who sought an after-the-fact building permit for a carport and porch for their mobile home dedicate an overflight easement for the nearby Eureka airport did not run afoul of Nollan–Dolan
Materials From State Bar Association Appellate Section Presentation: Admin Law Appeals
Here are the written materials from today’s HSBA Appellate Section presentation on administrative law and appeals in Hawaii courts.
A video of the presentation is posted above — it may be a bit dark, but no matter: all you really need is the sound, anyway. Listen to the audio-only session here:
The Other Shoe Drops: Kauai Anti-GMO Ordinance Challenged In Federal Court
At the Hawaii Agriculture Law Conference which we just wrapped last week, perhaps the hottest topic on the agenda was the anti-GMO ordinances recently adopted by the Counties of Hawaii (Big Island) and Kauai.
Barista’s note: One advantage of having POTUS in town for a couple of weeks was that it resulted in a