Here are the latest briefs in a case we’ve been following. In Colony Cove Properties, LLC v. City of Carson, 640 F.3d 948 (9th Cir. 2011), the Ninth Circuit affirmed the dismissal of a property owner’s claim that the city’s mobilehome rent control ordinance is a taking. The district court dismissed the facial
Amicus Brief In RLUIPA Case: Planning Is A “Compelling Interest” Justifying Denial Of Church’s Request For Rezoning
Update: cert denied.
This might be academic at this point, since this case was up for consideration by the Court at the September 26, 2011 conference and it didn’t make the grant list (yet). But the amicus brief filed by the local chapter of the American Planning Association in City of San Leandro v.
CLE Report: Government Ethics, Free Speech, And Voting Rights
As part of the Fall Meeting of the ABA’s Section of State & Local Government Law in Tucson, on Thursday, September 22, I was on a panel discussing the Supreme Court’s recent decision in Nevada Commission on Ethics v. Carrigan, “Ethical Considerations for Municipal Attorneys: Caught in the Crosshairs Reconciling the Rules of Professional
Is Eminent Domain A “Civil Rights” Issue?
We recently asked “Is Kelo A Conservative Issue?,” and the the Ricochet blog asked the related question “Is Eminent Domain a Civil Rights Issue?.”
In that vein, check out the above video from Reason about one case where “redevelopment” certainly seems to have raised civil rights concerns.
HAWICA Oral Arguments In Appeal About From Where “Height” Is Measured
It can be difficult to piece together the full scope of the issues and arguments in an appeal from the oral arguments alone. Most often, arguments cover narrow issues of concern to the judges, and the advocates do not have the opportunity to cover every argument in the time allotted (that’s what the briefs are
New Article: Local Govt and the First Amendment at the Supreme Court: Legislative Voting as “Speech” and Union Grievances as “Petitions”
The Fall edition of State & Local Law News features my article on the U.S. Supreme Court’s recent decisions in Carrigan and Guarnieri. From the Introduction:
The U.S. Supreme Court decided two First Amendment cases this Term of special interest to attorneys practicing state and local government law. In Nevada Comm’n on Ethics v.
New Hawaii Cert Petition: Is Hawaiian Homes Property Tax Exemption Racial Discrimination?
In a cert petition filed yesterday, five Hawaii taxpayers argue that they have standing to challenge the constitutionality of property tax exemptions conferred on lessees of Hawaiian Homesteads. Only “native Hawaiians” are eligible to lease homestead land, and thus only those possessing the appropriate blood quantum are entitled to the tax exemptions.
The petitioners
Governor’s Answer In JSC List Case
The Governor has filed his Answer to the Star-Advertiser‘s complaint in the case in which the Star-Advertiser is asking the circuit court to order the Governor to release to the public the list of judicial nominees presented to him by the Judicial Selection Commission, now that the Hawaii Senate has consented to the Governor’s
9th Cir: Federal Court May Consider A Land Use Civil Rights Claim
No, it’s not a takings claim, so Williamson County ripeness isn’t a part of the opinion. In Potrero Hills Landfill, Inc. v. County of Solano, No. 10-15229 (Sep. 13, 2011), the Ninth Circuit held that the Younger abstention doctrine did not prevent the district court from considering a § 1983 claim for declaratory and
Review: “Crime After Crime” – A Movie That Makes You Feel Right About Being A Lawyer
“This is not what we normally do. We do land use, real estate, development law. Heck, I can get you zoning to be an airport if that’s what you want. But I don’t represent inmates, I don’t represent people charged with crime, I don’t represent criminals.”
— Land use lawyer Joshua