Municipal & Local Govt law

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Next Thursday, February 6, 2014, we’ll be in Chicago to moderate an American Bar Association discussion/debate on a topic that’s not our usual takings-eminent domain-land use stuff, but is still one of the hotter topics around. “They’ll Take My Big Gulp From My Cold Dead Hands” is an hour-and-a-half with three experts in

We often jokingly suggest that in eminent domain, “it’s good to be the King!” quoting that eminent eminent domain scholar Mel Brooks. We think this catchphrase aptly describes the “most awesome grant of power,” City of Oakland v. Oakland Raiders, 220 Cal. Rptr. 153, 155 (Cal. App. 1985), under which the condemnor

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

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

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

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

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 NollanDolan

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:

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Administrative Appeals in

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