The City of Hayward, California, was concerned that residential rentals within its borders were “decent, safe, and sanitary,” and by ordinance required the owners or tenants of such units to allow city officials to inspect them. If an owner or tenant refused, the “Enforcement Official” was authorized to procure an “inspection warrant” and levy a
New Cert Petition: Are Nollan And Dolan Limited To Exactions Of Land?
Here’s the latest in the lengthy West Linn Corporate Park tale from Oregon. After having bounced from federal court, to the Oregon state courts, then back to federal court, the case is now in the hands of the U.S. Supreme Court.
The issue in the case is whether the Ninth Circuit was correct when it
Amicus Brief In Hawaii SCOTUS Case: Is Hawaiian Homes Property Tax Exemption Racial Discrimination?
The Pacific Legal Foundation, the Cato Institute, Professor Paul M. Sullivan, The Grassroot Institute of Hawaii, and the Goldwater Institute have filed this amicus brief, supporting the cert petition filed last month in Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011).
That’s the case seeking SCOTUS review of the Hawaii
Thursday Links: Public Use, Mass Court Saves Land Use, Judicial Takings
Here’s what we are reading this Thursday:
- Appeals Court Declines Invitation To Destroy Land Use Law As We Know It – from the Massachusetts Land Use Monitor blog: “Now that the Appeals Court has reminded us of the permanence of permit conditions, anyone who receives a permit with a restrictive condition should think twice about whether that
Upcoming National Webinar – Eminent Domain: Redevelopment Challenges for Local Government
Save the date: on Thursday, December 1, 2011 (1:00pm-2:30pm EST, 10:00am-11:30am PST) we’ll be presenting the on-line seminar “Eminent Domain: Redevelopment Challenges for Local Governnment – Navigating Federal Funding Requirements, Challenges for Public Utilities in Right-of-Way Projects, and Objections to Taking for Public Use.“
Joining me are colleagues Anthony Della Pelle (McKirdy
Motion For Summary Judgment In JSC List Case
Brigham-Kanner Conference: An Evening With An Old Friend
Last week, after the welcome reception at the U.S. Embassy celebrating the Brigham-Kanner Conference’s visit to Beijing and the awarding of the B-K prize to Justice Sandra Day O’Connor, I had a chance to meet up with an old law school classmate and friend, Laurence Brahm.
Since our graduation nearly a quarter-century ago, Laurence
Final Cert Brief In Williamson County Challenge
Here is the Petitioner’s Reply Brief in Colony Cove Properties, LLC v. City of Carson, No. 11-189 (cert. petition filed Aug. 11, 2011). We posted the cert petition and the amici and BIO here.
The cert petition is asking the Supreme Court to revist and discard the ripeness rules of Williamson County Regional
Mark Your Calendars: Hawaii Water Law Conference (Jan. 11, 2012)
We’ve just finalized the agenda and faculty for the Hawaii Water Law conference, to be held in Honolulu on January 11, 2012. I am the planning co-chair along with Jesse Souki, Director of the State of Hawaii Office of Planning.
In addition to Jesse and me, we’ve assembled a diverse and talented faculty:
Amicus Briefs In Sackett v. EPA: Judicial Review Of A Claim Of Regulatory Jurisdiction
Last week, the petitioners filed their merits brief in Sackett v. EPA, No. 10-1062, the case in which Idaho property owners are asserting their right to challenge the EPA’s assertion that a portion of their land are “wetlands.”
A multitude of amicus briefs have been filed to support the Sackett’s arguments. We haven’t had