“This case presents an issue of first impression in this Circuit — whether a legislative, generally applicable development condition that does not require the owner to relinquish rights in the real property, as opposed to an adjudicative land-use exaction, should be reviewed pursuant to the ad hoc standards of Penn Central Transportation Co. v. City
Ripeness | Knick
Transcript of Arguments in Maui Affordable Housing Exaction Case
The transcript of the June 2, 2008 arguments in the federal lawsuit challenging Maui’s affordable (“workforce”) housing exaction has been released. That hearing resulted in a lengthy opinion by the District Court holding that the plaintiff’s Nollan/Dolan claims were not ripe, and a recent order holding that the facial due process and equal…
Court Strikes Facial Due Process and Equal Protection Claims in Maui Affordable Housing Exaction Case
The US District Court for the District of Hawaii has granted (in part) the County of Maui’s motion for reconsideration of the court’s earlier order granting in part and denying in partthe County’s summary judgment motion. Here’s a copy of the court’s latest order.
The court entered summary judgment in favor of the…
Cert Petition Asks Supreme Court to Overrule Williamson County
By Robert H. Thomas on
The property owners have asked the U.S. Supreme Court to review the Sixth Circuit’s decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a decision we analyzed here.
The cert petition contains three Questions Presented:
1. Should the Court overrule Williamson County Regional Planning Commission v. Hamilton Bank…
Takings Claim Goes From State Court To Federal Court, And Now Back To State Court
Here is what the ripeness requirements of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985) have brought us: a seemingly endless procedural game where property owners are forced to keep guessing which shell the pea is under, all the while paying their attorneys to litigate matters having nothing to do…
Nollan/Dolan Challenge to Maui’s 50% Housing Exaction Is A Takings Claim Subject To Williamson County
Relying on Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985), the US District Court for the District of Hawaii today denied a property owner’s motion for summary judgment in a case challenging the County of Maui’s “workforce housing” exaction ordinance. Kamaole Pointe Development LP v. County of Maui, No.
Takings Round Up
- Heads up for an upcoming teleconference of interest – Supreme Court Rules on Eminent Domain for Private Development. It will be held on July 16, 2008 starting at noon EDT, and featuressome of the A-listers in our area of law. More information andregistration information here.
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