In a recently-published law review article, U. Hawaii lawprof David Callies found that “the Moon Court [1993-2010] decided some of thestate’s most important property and related environmental and Native Hawaiianrights cases in favor of the various non-governmental organizations bringingthem (Sierra Club, Earthjustice, Hawaii’s Thousand Friends, and the NativeHawaiian Legal Corporation) approximately eighty-two percent of
HAWICA: Communicating To The Mayor Is Not “Testimony” In A “Proceeding,” So Anti-SLAPP Law Inapplicable
Here’s a case where the Hawaii Intermediate Court of Appeals’ opinion, while interesting (and, we think, correct), teases us with the underlying story.
In Perry v. Perez-Wendt, No. 30329 (Feb. 8, 2013), a lawyer was in the running to be appointed as the County Attorney for the County of Kauai. Five of his brothers
ABA Takings Roundtable – The U.S. Supreme Court Property Rights Cases – Feb. 26, 2013
If you are a member of the ABA, mark your calendars for Tuesday, February 26, 2013, noon to 1:00 p.m. Eastern Time, for a free teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law
They’re Getting Positively Medieval On Holdout “Nail Houses”
According to “Moats dug around Chinese villagers’ houses to drive them out,” they’re now resorting siege tactics to deal with holdout “nail houses” in southern China:
Forced evictions and land disputes are a major cause of social unrest in China, where there are tens of thousands of mass incidents each year.
This week
Epstein’s Podcast On Koontz: “The Vexed Doctrine Of Unconstitutional Conditions”
Worth listening: a 17-minute podcast by Professor Richard Epstein, with his thoughts — apparently without a script and seemingly in a single breath — on the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
Download the mp3 here. If that doesn’t work, go
Upcoming Hawaii Appellate Arguments Of Interest
The oral argument calendar of the Hawaii Supreme Court looks pretty interesting:
- Thursday, February 7, 2013, 11:00 a.m. – Sierra Club v. Land Use Comm’n, No SCWC-11-0000625, a case about the qualifications of holdover Land Use Commissioners, which we previewed here.
- Thursday, February 21, 2013, 10:00 a.m. – Kanahele v. Maui County Council
Alabama Guys: Gear Up For Federal Court. Your Supreme Court Concluded That Alabama Law Does Not Recognize Regulatory Takings
Most federal takings claims against state and local government do not get heard in federal court (except to dismiss them on res judicata grounds), under the one-two punch of Williamson County and San Remo Hotel.
Williamson County forces property owners into state court because a claim under the Fifth Amendment is not ripe
S. Carolina: “Substantially Advance” Means “Not Arbitrary And Capricious”
The speed of the internet: we were all set to summarize our thoughts on the South Carolina Supreme Court’s opinion in Dunes West Golf Club, LLC v. Town of Mount Pleasant, No. 2011-194211 (Jan. 9, 2013), a case involving equal protection, substantive due process, and takings claims, when Dean Patty Salkin at the Law
The Empire Strikes Back: Reaction To UH Lawprof’s Study Of Success Rates In Hawaii Supreme Court Cases
Here’s the inevitable reaction to U. Hawaii law Professor David Callies’ recently-published law review article (and follow-up interview) about the stunning success rates certain parties enjoy in the Hawaii Supreme Court. In that article, the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues “appalling,” so it should come
HAWICA Clarifies What Actions By Planning Dept Trigger Administrative Zoning Appeals
The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a “zoning verification” by the Director of the City and County’s Department of Planning and Permitting is not a “decision of the Director” which a property owner must administratively appeal to the Honolulu Zoning Board of Appeals. Hoku