The California Coastal Commission is infamous for being the most out-of-control governmental agency in the nation. This regulatory leviathan fancies itself the undisputed czar of land use and other activities in its fiefdom, the California coastal zone.
Created in 1976 as an agency with regulatory authority across California’s 1,000+ miles of coast (and land in
Disclosure: this one is one of ours, so we’re not going to do a deep dive or do much commentary (must resist!).
Yesterday, the California Supreme Court granted a Los Osos property owner’s petition, and agreed to review an (unpublished) Court of Appeal opinion which held that the California Coastal Commission has
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for
A fairly short one from the U.S. Court of Appeals for the Fifth Circuit.
In Sheffield v. Buckingham, No. 22-40350 (July 31, 2023), the court affirmed the district court’s declining to issue a preliminary injunction enjoining State of Texas officials from enforcing the Open Beaches Act.
The presumptive public/private boundary on beaches in Texas
Here’s what we’re reading today:
Here’s the cert petition, filed last week, in a case we’ve posted about. See here (Ninth Circuit arguments) and here (en banc petition).
The Ninth Circuit affirmed dismissal of a takings claim because (it held) the claim isn’t ripe. The government hasn’t made up its mind, and just might allow the owners to
Shands Key, with the City of Marathon in the background
This just in: in Shands v. City of Marathon, No. 3D21-1987 (May 3, 2023), Florida’s Third District Court of Appeals held that the city’s downzoning the property (Shands Key, shown above in an exhibit from the Key West trial we participated in in June
Check this out, a new student-authored note from William and Mary third-year law student Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina,” 47 Wm. & Mary Envtl. L. & Pol’y Rev. 383 (2023).
Here’s the Abstract:
Part I of this Note explores the scientific data
Come join us on Thursday, April 27, 2023, from 5-7pm, downtown Honolulu, to celebrate the retirement of Professor David L. Callies from the University of Hawaii Law School.
Join U.H. Law School Dean Camille Nelson, Professor Callies’ colleagues, his students (present and former), the Hawaii legal community, and family and friends as we honor
You already know what the Court of Appeal held, don’t you?
Hurst v. Cal. Coastal Comm’n, No. D079549 (Cal. Ct. App. Mar. 20, 2023) (unpub.)