Municipal & Local Govt law

Another short one, this time from the Arkansas Supreme Court.

In City of Siloam Springs v. La-De LLC, No. CV-15-194 (Ark. Nov. 19, 2015), the court concluded that an Arkansas statute which requires the state to pay reasonable attorneys’ fees if the just compensation exceeds the deposit by more than 10%, does not apply

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Here’s our second day of highlights from the upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which will be held in Austin, Texas, from January 28-30, 2016.  

This is the first time the conference has been to Austin, and we’re hoping for a good turnout. Here’s the full

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More from our end-of-year clearing of the opinion hopper.

Winston Churchill reportedly said, “Never give in–never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”

Well, the

Barista’s note: last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002266, holding that the State Land Use Commission was not prohibited from adopting a boundary amendment (akin to a rezoning under Hawaii’s state-heavy land classification scheme) while the process for designating Important

Here’s one in a land use case we’ve been following, both because it is a huge issue and because our partners Greg Kugle and Matt Evans represent the prevailing land owner.  

All Hawaii land users need to read this, a 4-1 decision (Justice McKenna writing for the majority, with Justice Pollack in in dissent

We are on the road today, so were not going to post. But when the case title is Perfect Puppy, Inc. v. City of East Providence, No.15-1553 (Dec. 8, 2015), who could resist?  

Reading through the court of appeals’ passive-aggressive sniping at the plaintiff — a pet shop challenging the City’s ban on

A shorter one today. In Catalina Foothills Unified School Dist. No. 16 v. La Paloma Prop. Owners Ass’n, Inc. No. 1 CA-CV 14-0838 (Nov. 24, 2015), the Arizona Court of Appeals held that a statutory grant of power to school districts to take property for “buildings and grounds” also implied the power to take

Here’s a fascinating decision from the Ninth Circuit on our other area of interest, election law. 

Public Integrity Alliance, Inc. v. City of Tucson, No. 15-16142 (9th Cir. Nov. 10, 2015) was a challenge to Tucson’s unusual hybrid system of electing the city council. The primary election is a partisan primary, limited to residents

“Waikiki” means a lot of things to a lot of people. With its wall-to-wall high rises, it could be Las Vegas-by-the-Sea. Or the site of the most famous beach in Hawaii, if not the world. A place where impossibly tony shops and kitsch exist side-by-side. Where the “Hawaiian” bric-a-brac is imported from the Phillipines and

Here’s the amici brief we filed today in California Building Industry Ass’n v. City of San Jose, No. 15-330 (Oct. 16, 2015).

That’s the case in which the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and thus should have been subject to