Municipal & Local Govt law

A question for those of you who do a lot of straight condemnation work: do you drive roads and highways with a slightly different outlook than the rest of the motoring public, especially on those roads where you represented a property owner defending against eminent domain? While others see signs and intersections and the like

The Sixth Circuit’s opinion in Lilly Investments v. City of Rochester, No. 15-2289 (Jan. 5, 2017) is not slated for publication, but its worth a read anyhow because it involves Williamson County ripeness, and the “final decision” rule. Here’s how the court summarized the case:

This case concerns Louis Leonor’s efforts to open a

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After the Hawaii Supreme Court decided GATRI v. Blane, 962 P.2d 367 (Haw. 1998) one big question remained.

In GATRI, the court held that in the coastal zone, a county Community Plan (also known as a “General Plan” in some counties) is a binding land use regulation, and thus has the force and effect

You take the uptown subway, the 1 train, destination the Bronx — the IRT for those of you who still refer to New York City’s subway lines that way — and exit at the 103rd Street Station, just before you cross the unofficial border to Harlem. Walking north on Broadway for a couple of

Heads up for a case to watch being argued next week in the Hawaii Supreme Court.

This is a regulatory takings case that’s been up to the Hawaii appellate courts before (see here). In that opinion, the court of appeals correctly held that a property owner raising a regulatory takings case has no

Here’s what we’re reading today:

HSBA 2017 Land Use Conference

Registration is now open for the 2017 Hawaii Land Use Conference, presented by the Hawaii State Bar Association and the University of Hawaii Law School, at the downtown Honolulu YWCA’s Fuller Hall on January 19-20, 2017. “This 2 day conference is a must attend for any attorney or professional whose practice involves land use

We don’t usually post unpublished opinions, but the Fourth Circuit’s recent decision in Clayland Farm Enterprises, LLC v. Talbot County, No. 15-1755 (Dec. 2, 2016), raised some issues worth your time. 

The property owner brought its claim in Maryland state court claiming, among other things, that the County’s two indefinite moratoria on development and

Here’s what we’re reading today: