Next Monday, January 13, 2014, from noon to 1:00 p.m., I’ll be speaking — along with my Damon Key partner Greg Kugle — to the Hawaii State Bar’s Appellate Law Section about administrative appeals, in a session entitled “Administrative Appeals: How Do You Get There And How Do You Get Out Of There?”
Links From Today’s Session On GMO Issues
Here are links to some of the materials mentioned at our session today on the GMO issue at the Hawaii Agriculture Law Conference:
- The Kauai ordinance, Bill 2491.
- The Kauai Mayor’s veto message, which included the privilege-waived memorandum of law detailing the legal problems with the measure.
- The County of Hawaii’s Big
Amici Brief In Judicial Takings Case
Here’s the first of two amicus briefs filed in support of the petitioner in the judicial takings case we mentioned last week.
This brief, filed by the New England Legal Foundation, the Cato Institute, the National Federation of Independent Businesses, and the Southeastern Legal Foundation, urges the Court to take the case, arguing that
9th Cir: City Cannot Take Property Outside City Limits
If you were to try to predict the result in an appeal before the Ninth Circuit where the lead plaintiff is the “Alliance for Property Rights and Fiscal Responsibility,” the defendant is a municipality, and knowing nothing else, you’d probably have guessed wrong in this case.
In Alliance for Property Rights and Fiscal Responsibility v.
En Banc 9th Cir: LA Ordinance Allowing Inspection Of Hotel Records Facially Invalid
Check this out. In Patel v. City of Los Angeles, No. 08-56567 (Dec. 24, 2013), the en banc Ninth Circuit concluded that a city ordinance which requires hotel owners to open guest records for inspection to the LAPD without a warrant constitutes a “search,” and that doing so is a facial violation of the
Interesting Cert Petition Denied: Can A Tribe Condemn Its Contract With A Nonmember?
The U.S. Supreme Court has declined to review an interesting case we’ve been following, about that big glass viewing platform over the Grand Canyon.
As we noted here, in Grand Canyon Skywalk Development, LLC v. Sa Nyu Wa, Inc., 715 F.3d 1196 (9th Cir. Apr. 26, 2013), the issues mostly involve
HAWSCT: State Agency Approval Not A Ripeness Bar To Challenge To County Approvals
Here’s one for you land users which details how the very broad way Hawaii Supreme Court treats claims of jurisidictional ripeness.
In Blake v. County of Kauai Planning Comm’n, No. SCWC-11-0000342 (Dec. 19, 2013), the court held that a third-party challenge to the Kauai Planning Commission’s subidivision approval was ripe for adjudication, and that
New Article: Recent Developments in Eminent Domain: Public Use
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published an article which we wrote with our Damon Key colleagues Mark Murakami and Bethany Ace, Recent Developments in Eminent Domain: Public Use, 45 Urban Lawyer 809 (2013).
Here’s the Introduction to the article:
HAWSCT: Right To Pursue A Profession Is A Liberty Interest, Protected By Due Process
Here’s one that’s not a land use case, but since it involves procedural due process, is one that you land-usey types might find worthwhile.
Minton v. Quintal, No. SCWC-11-0000317 (Dec. 13, 2013) involved a claim by two stagehands at Honolulu’s Neil S. Blaisdell Center, owned and operated by the City and County of
HAWSCT: Demand A Contested Case, And There’s A Good Chance You’ll Get One
…or at least an appeal from a contested case.
The Hawaii Supreme Court has issued its latest opinion in the apparently eternal metaphysical question of the circuit courts’ appellate jurisdiction to review decisions under the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-14 of state and county agencies acting in their quasi-judicial capacities.
As