A Warning
A bit of warning before we start: this is going to be a long post. Not because the issues in City & County of Honolulu v. Sherman, No. 28945, being argued on Wednesday, December 14, 2011 at 9:00 a.m. in the Intermediate Court of Appeals are particularly interesting, but because this case…
So you think you’ve seen accretion (the growth of new land on littoral or riparian property)? Check out the above video (also here), showing the latest dramatic lava flow on the Big Island of Hawaii. Now that’s accretion.
Is there a legal angle to this? Of course there is. To start you off…
The old adage is that a waterway is “navigable” for purposes of federal law if it is deep enough to float a Supreme Court opinion. Seriously, though, the less cheeky test of navigability is whether a waterway is capable of being used in its natural state as an avenue of commerce, meaning whether it was…
Today’s post is by an old friend and colleague, Paul Schwind. He’s been following the federal litigation challenging the $4+ billion Honolulu rail project, and attended last week’s hearing. We asked him to write a guest post so the rest of us could come up to speed.
Update: December 13, 2011
In Honolulutraffic.com et al.
We’ve been kind of busy in the last few days with a couple of appellate briefs, so haven’t had a lot of time to post up the latest cases and articles of interest. But here’s what we are reading today, in between brief writing:
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West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), a petition we’ve been following that asked whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited to government demands for land, has been denied.
California and…
The big news in Hawaii this week is the Asia-Pacific Economic Cooperation international summit, currently underway in Honolulu. Waikiki is on lockdown as leaders from 21 Pacific Rim nations, including U.S. President Obama and a lower level functionary from “Chinese Taipei,” come to town for a confab on free trade and economic cooperation in the…
SCOTUSblog has designated West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), as a petition to watch for today’s conference.
That’s the case which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited to government…
Hold the presses! In an unusual move spurred by a recent decision by the Florida Supreme Court, the petitioner has filed a supplemental brief in West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), the case which asks whether the nexus and “rough…
We’ve been thinking a lot about exactions lately.
First, it was the petition for certiorari in West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited…
