For anyone who deals with state, municipal, and local government law, here’s a must-follow blog: The Municipal Minute, produced by our ABA State & Local Government Law Section colleague (and fellow U. Hawaii Law alum) Julie A. Tappendorf. Julie is a partner in the Chicago office Ancel Glink, and practices local government, land
The “Bad Old Days” – Feds Sue City For Eminent Domain Abuse
“Property rights” often are portrayed as belonging only to the rich and powerful and protecting only the politically connected. But as we recently were reminded, this is a very inaccurate picture because property rights — as the “guardian of every other right” — form the foundation on which all other rights rest
Seminar: Ethics, Government Conflicts Of Interest, And The First Amendment
Mark your calendars: as part of the Fall Meeting of the ABA’s Section of State & Local Government Law in Tucson, on Thursday, September 22, I’ll be 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
The Latest Cert Petition Seeking To Overrule Williamson County
There’s been yet another cert petition asking the Suprme Court to revist and discard the ripeness rules of Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
In Colony Cove Properties, LLC v. City of Carson, 640 F.3d 948 (9th Cir. 2011), the Ninth Circuit affirmed the
Final Cert Brief In Eminent Domain Pretext Case
Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual?
Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136
Eighth Circuit: No Physical Take For Fence Requirement
You have to like any sport that the New York Times describes as “like driving full speed through an endless loop of red lights. Luck often expires in a cloudburst of steam and scattered auto parts.” That’s how the Times described “figure 8 car racing.”
But not everyone likes figure 8 racing or
New Complaint: Governor Must Release JSC List
Today, the Honolulu Star-Advertiser filed a Complaint asking the circuit court to order the Governor to publicly release the list of judicial nominees presented to him by the Judicial Selection Commission, now that the Hawaii Senate has consented to the Governor’s appointment of Justice McKenna. The Governor has refused the Star-Advertiser‘s multiple requests, notwithstanding
Developer & County’s BIO In Eminent Domain Pretext Case
Last week the developer and the County of Hawaii filed their joint Brief in Opposition in C & J Coupe Family Limited Partnership v. County of Hawaii, No. 11-75 (cert. petition filed July 14, 2011), responding to the cert petition we filed earlier, that poses this Question Presented:
The Hawaii Supreme Court held that
“Battle For Brooklyn” Comes West
We reviewed the docfilm Battle for Brooklyn after it made its public debut a few months ago (the filmmakers presented a rough cut preview at the annual ALI-ABA eminent domain program), and we recommended it. We even sat down for a few minutes with director Michael Galinsky for a short interview.
Battle For Brooklyn
Monday Round-Up: Vested Rights, Land Use Institute, And More
Here’s what we’re reading this fine summer Monday:
- Discussing vested rights at the County Council – Planet Kauai’s Charley Foster writes about the County of Kauai’s proposed ordinance limiting growth in “transient accomodation units,” and the vested rights issue. Charley kindly recommends our law review article on the vested rights/zoning estoppel issue.