It can be difficult to piece together the full scope of the issues and arguments in an appeal from the oral arguments alone. Most often, arguments cover narrow issues of concern to the judges, and the advocates do not have the opportunity to cover every argument in the time allotted (that’s what the briefs are
SCOTUS Reviewing State Court’s Land Grab In Navigability Case
The top-side brief and supporting amicus briefs have been filed in a case we’ve been following, PPL Montana v. Montana, No. 10-218 (cert. granted June 20, 2011).
In PPL Montana, LLC v. State of Montana, 229 P.3d 421 (Mont. Mar. 30, 2010), the Montana Supreme Court disregarded 100 years of private or
Monday Round-Up: Vested Rights, Land Use Institute, And More
Here’s what we’re reading this fine summer Monday:
- Discussing vested rights at the County Council – Planet Kauai’s Charley Foster writes about the County of Kauai’s proposed ordinance limiting growth in “transient accomodation units,” and the vested rights issue. Charley kindly recommends our law review article on the vested rights/zoning estoppel issue.
Latest In Big Island Takings And Vested Rights Challenge To LUC Reclassification
Here’s the latest in a case we’ve been following. In Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm’n, the plaintiff filed its complaint in state circuit court alleging that the LUC violated state and federal law (due process, takings, vested rights, and more) when it reclassified “urban” land on the Big
Judicial Takings Overtones In The Ninth Circuit
Today’s Ninth Circuit opinion in Vandevere v. Lloyd, No. 09-35957 (July 11, 2011), raises a couple of interesting questions having little to do with the merits of whether Alaska’s commercial fishing regulations worked a taking or a due process violation because they shortened the fishing season and limited the number of fish that can
New Lawsuit To Watch: Land Use Commission, Vested Rights, Civil Rights
A new case worth watching has been filed in Hawaii state court (Third Circuit, the Big Island) that involves allegations of vested rights and estoppel, Nollan/Dolan exactions, state and federal due process and takings, inverse condemnation, and equal protection.The
See below, the Complaint in Bridge Aina Le’a v. State of Hawaii Land Use
What Do You Want To Save In Honolulu (And How Much Will It Cost?)
Civil Beat‘s recent report on the mayor’s plan to demolish the Waikiki Natatorium War Memorial, a salt-water swimming pool erected to honor those who served in “the Great War,” not only brought back some childhood memories (I swam there as a kid) but reminded us of the cost of preservation. When the thing
Connecticut: Soft Costs Sufficient To Show “Substantial Loss” For Zoning Estoppel
In Levine v. Town of Sterling, No. 18470 (Apr. 12, 2011), the Connecticut Supreme Court held that a property owner need not show that his property was rendered worthless or that he made “capital investment” to prove that he relied on a resolution by the town’s board of selectmen that he could build more
Vermont Law Review: Essay Reflections From The Amicus Curiae In The Judicial Takings Case
As we noted here (when we posted our article), the latest issue of the Vermont Law Review deals with the U.S. Supreme Court’s “judicial takings” case, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, 130 S.Ct. 2592 (June 17, 2010).
In eight essays, the authors of several of the many amicus
Cases And Links From Today’s Hawaii Land Use Conference Sessions On Coastal Issues And Water Law
To all of you who attended the first day of the Hawaii Land Use Conference today, thank you. As promised, here are the items I discussed during my two sessions:
- United States v. Milner, 583 F.3d 1174 (9th Cir. 2009) – the case in which the Ninth Circuit affirmed a finding of common law