Land use law

Under California law, there’s a short statute of limitations (technically, it’s a “statute of repose” but who’s quibbling) for challenges to local government zoning decisions. The statute requires that a challenge must be filed within 90 days to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend

We’ve been watching Bowers v. Whitman, No. 10-24966 (Jan. 12, 2012), the case which challenged Oregon’s Measure 49, the statute adopted by initiative that replaced and modified the earlier Measure 37. Measure 37, for those not aware, was the initiative measure by which Oregon voters required the state to compensate owners whose private property

YouvebeentrumpedDonald Trump has more money than you. He’s also a huckster, a self-aggrandizing showman, a judgmental snob, and an eminent domain abuser with more than a hint of mean lying just below the surface. And he has really weird hair.

But we already knew that, and if these are the only insights to be taken

The transcript from today’s arguments in Sackett v. EPA, No. 10-1062. Justice Alito, quoted above (p. 37) was an active questioner. More to come after we’ve read the transcript. Disclosure: Pacific Legal Foundation represents the petitioners; I do PLF’s work in Hawaii.

12.WATHIThere is still time to join us for the upcoming Hawaii Water Law conference, to be held in Honolulu on January 11, 2012. I am the planning co-chair along with Jesse Souki, Director of the State of Hawaii Office of Planning.

In addition to Jesse and me, we’ve assembled a diverse and talented

Here’s what we’re reading today:

  • Blight barons of redevelopment plot comeback – Steven Greenhut (O.C. Register): “As of February, anyway, redevelopment is dead in California, the victim of an absurdly arrogant legal and political strategy pursued by redevelopment’s chief defenders. This is wonderful news, made even better by the teeth-gnashing of public officials

California followers: be sure to register and join in on Wednesday, January 4, 2012, starting at 2:00 p.m. PST as Rick Rayl, Brad Kuhn (California Eminent Domain Report) and their firm colleagues present a webinar, “Supreme Court Upholds Elimination of Redevelopment in California – Now What?

This, of course, refers to