One of the very first things we addressed in the first year Property class (wonderfully taught by Allen Smith, visiting from Michigan Law) was the ownership of animals: when do wild animals become someone’s “property?” And the very first Latin phrase we incorporated into our new legal lexicon was ferae naturae, the law
ABA Annual Meeting, Toronto
Later this week, I’ll be attending the annual scrum of lawyers known as the American Bar Association Annual Meeting, being held this year in Toronto, Ontario, Canada. I’ll be attending the gatherings of the State & Local Government Law Section and the Litigation Section (Condemnation, Zoning & Land Use Committee), and the meeting of
Latest In Big Island Takings And Vested Rights Challenge To LUC Reclassification
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
New Cert Petition: What Standard Of Review For RLUIPA “Substantial Burden” Cases?
In a case we’ve been following, a San Francisco Bay Area municipality has filed a cert petition asking the U.S. Supreme Court to review the Ninth Circuit’s opinion in International Church of the Foursquare Gospel v. City of San Leandro, No. 09-15163 (Feb. 15, 2011). In that case, the Ninth Circuit held that the
You Stay Classy, California Redevelopment Agencies
It appears it is not enough for the lobbying arms of California cites and redevelopment agencies to sue the state claiming the state is grabbing “their” money, now at least one California city is in the business of producing You Tube videos complaining of the taking.
Putting aside for the moment whether the municipal
9th Circuit: Church’s Use Permit Requirement Violates RLUIPA Equal Terms
We tend not to think of churches as “blighting” their neighborhoods. But what about a church in a downtown “entertainment” district, where the nearby businesses are bars, nightclubs, and liquor stores, and placing a church in the area might limit the availability of liquor licenses?
In a sort of reversal of the usual LULU (locally
Cal Supremes: You Don’t Need Environmental Review Before Choosing Paper Or Plastic – “Common Sense” Dictates No EIR Needed For City’s Plastic Bag Ban
Notice: This post is worth reading. There’s the possibility of a prize if you do. Read on.
Here’s the latest in a case we’ve been following with mild amusement, if only because the Court of Appeal decision seemed so ironic.
In Save the Plastic Bag Coalition v. City of Manahattan Beach, No. B215788 (Jan.
Cert Petition: After Kelo, When Is Eminent Domain Pretextual?
On July 14, 2011, we filed this cert petition (also posted below), which asks the U.S. 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 (Haw. 2010). In that case, the Hawaii court upheld the taking of land on the Big
Eighth Circuit Sees The Sign – Eminent Domain Abuse Protest Mural Gets First Amendment OK
Is this a “sign?” The city of St. Louis thought so. The city’s building inspection department issued a citation to the folks who commissioned the painting on a residential duplex, telling them they needed a permit. So they asked the city for one.
Denied. The zoning code does not allow for such signs. It’s too
Cal Ct App: No iSign For You!
Here’s an interesting court of appeal decision about the intersection of technology and direct democracy from the epicenter of citizen lawmaking, California.
In Ni v. Slocum, No. A128721 (June 30, 2011), the court held that a voter using his smartphone to put his “electronic signature” on a petition does not qualify as “personally affixing”