We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an
Registration Open: 2015 Hawaii Land Use Law Conference, Jan. 15-16, 2015
Registration is now open for the 2015 Hawaii Land Use Law Conference, to be held in downtown Honolulu on Thursday-Friday, January 15-16, 2015.
This is the bi-annual conference, co-chaired by U. Hawaii lawprof David Callies and land use lawyer Ben Kudo, that brings together the big names in our area of law. In other
HAWSCT: Land Use Comm’n Can’t Rescind A Re-zoning Via Truncated Procedures
The Hawaii Supreme Court has issued a lengthy opinion in a case we’ve been following, DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014).
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights
Audio Of ABA Talk On Starr International v. United States Trial: Taking AIG Without Compensation – The $40 Billion Question
Here’s the audio of the recording of the ABA talk we did last week on the Starr International v. USA takings case, “Taking AIG Without Compensation: The $40 Billion Question,” now ongoing in the Court of Federal Claims. The materials and links referred to in the talk are available here. If streaming
Brigham-Kanner Property Rights Conference – Panel Videos Now Available
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the
Links From Today’s ABA Talk On The AIG Bailout Takings Case
To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.
Here are the links to the
2014 Brigham-Kanner Property Rights Conference Report: Honoring Michael Berger
“You can’t have rights without advocates.”
– Michael Berger
We’re at the William and Mary Law School in Williamsburg, Virginia today for the 11th Brigham-Kanner Property Rights Conference. As we’ve noted earlier, Michael Berger is this
Cal App: “There is no rational nexus, no less rough proportionality”
We’re tied up today and don’t have time to do any analysis, so we post this without comment: Bowman v. California Coastal Comm’n, No. B243015 (Oct. 23, 2014), wherein the court held:
In Kleiniecke v. Montecito Water District (1983) 147 Cal.App.3d 240, we held it would not be inequitable to apply the doctrine of
Federal Court: San Francisco’s Housing Exaction Violates Nollan-Dolan-Koontz
Update: San Francisco is going to appeal.
It cost a lot to live in San Francisco, these days. A whole lot, whether you own, or rent.
If you’re a renter, however, you should hope and pray that your landlord wants out of the rental business. Because under a San Francisco ordinance, property owners
New Cert Petition: Raisin Takings Case, Round II
We get to post the California Raisins again!
Last term, in Horne v. U.S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), the U.S. Supreme Court unanimously held that a property owner could raise a takings claim as a defense to the government’s attempt to impose a fine pursuant to a complex federal regulatory