That’s the essence of today’s opinion in Armour v. City of Indianapolis, No. 11-161 (June 4, 2012), in which a 6-3 majority upheld the City’s decision to forgive the balance owing for homeowners who had not fully paid the assessement, while not issuing refunds to their neighbors who had already paid in full.
The…
It’s a frequent question: does appellate oral argument really matter?
We’ve always harbored the belief that it does in some cases, and if you have any doubts, look no further than today’s Ninth Circuit opinion in Nordyke v. King, No. 07-15763 (June 1, 2012), where the en banc court essentially concluded that the…
The federal government has filed its invitation brief in Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011), the cert petition asking the U.S. Supreme Court to review the Hawaii Supreme Court’s dismissal of a challenge to the property tax exemptons conferred on lessees of Hawaiian Homesteads.
Only “native Hawaiians” are eligible…
We couldn’t post much last week due to a pressing engagement on Friday before a three-judge federal district court (the case challenging Hawaii’s latest state reapportionment plan on Equal Protection grounds in which we represent the plaintiffs — more here). But the court took the matter under submission, so while we are awaiting a…
Update: the latest in the latest Williamson County-related cert petition here.
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If you tried to explain the practical results of Williamson County‘s ripeness requirements to someone not familiar in the last 30 years of regulatory takings jurisprudence, they would probably think you were joking.
As we’ve explained many times, under Williamson…
Here are the cases we discussed in this morning’s session at the Eminent Domain & Land Use in Hawaii seminar:
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No, we’re not talking about POTUS and the OBL stuff. Rather, we have more end-zone dancing from the prevailing party (a lawyer) in Filarksy v. Delia, No. 10-1018 (Apr. 19, 2012).
According to this Above the Law story, Mr. Filarsky wasn’t satisfied with an “in your face” gesture to the losing party, he’s now…
Here’s the first of two CLE programs that I’m doing next week Thursday. Through the magic of the internet, we’re doing a nationwide webinar on ethics issues, followed by an in-person eminent domain conference in Honolulu.
On Thursday, May 10, 2012, starting at 1:00 p.m. EDT (10 a.m. PDT, 7 a.m. HST), I’ll be presenting…
They say revenge is a dish best served cold.
But in Filarksy v. Delia, No. 10-1018 (Apr. 19, 2012), it apparently came with a side dish of “in your face victory dance.”
Check out this story about Mr. Filarsky’s reaction to his unanimous Supreme Court win in that case.
Disclosure: along with my colleagues…
It’s always a safe bet to predict that the Supreme Court will decline to review a case. Statistics, after all, are on the side of “cert denied” regardless of the substantive merits of a case.
But there are some cases, like Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case…
