Here are the latest filings in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (cert. application filed Apr. 22, 2010). In that case, the property owners are asking the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of
Vested rights
Petition To Watch: Is A Littoral Owner Trespassing When The Shoreline Erodes?
SCOTUSblog has listed Sharp v. United States, No. 09-820 as a “petition to watch” for the Court’s conference today.
May 17, 2010 Update: cert. denied.
In that case, the property owners are asking the U.S. Supreme Court to review the Ninth Circuit’s decision in United States v. Milner, 583 …
Amicus Brief In Hawaii Beach Taking Case: “Future” Accretion Is A Present Property Interest
Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii…
Cert Application In Hawaii Beach Taking Case: Legislative Reassignment To The State Of The Right To Future Accretion Is A Taking
The property owners have filed an application for a writ of certiorari asking the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009).
Disclosure: we filed an amicus brief supporting…
Federal Government’s Brief In Opposition In Erosion Case: Is A Littoral Owner Trespassing When The Shoreline Erodes?
The Solicitor General has filed the federal government’s Brief in Opposition in Sharp v. United States, No. 09-820 (cert. petition filed Jan. 7, 2010) (Supreme Court docket entry here).
In that case, the property owners are asking the U.S. Supreme Court to review the Ninth Circuit’s decision in United States v. Milner, …
Was Ban On Palmyra Commercial Fishing A Taking Of The Right To Operate Seafood Processing Facilities?
At its upcoming April 30, 2010 conference, the U.S. Supreme Court is considering the cert petition in a case we’ve been following since it was decided by the Court of Federal Claims. In Palmyra Pacific Seafoods, L.L.C. v. United States, No. 09-766 (cert. petition filed Dec. 28, 2009), the Court is presented with the…
Be Careful Of Lawprofs Bearing Praise: Another Chapter In The “Background Principles” Debate
When one lawyer writes that another is “my friend and colleague,” watch out: what follows may not be exactly friendly or collegial. For legal academics, the rule is even more pronounced when the friend-and-colleague’s name shows up in the title of an article.
In that vein, we bring you the latest chapter in the ongoing…
Behind The Music: Stop The Beach Renourishment And Judicial Takings
Courtesy of the New York Times is the backstory of Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). This, of course, is the “judicial takings” case that was argued in the Supreme Court last December, and is now awaiting disposition (our summary page contains…
Live Blog Of New Jersey Supreme Court Oral Argument In Klumpp v. Borough of Avalon (The “Bizarre Condemnation”)
Technology permitting, we are live blogging today’s oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009).
That’s the case in which the New Jersey Supreme Court is reviewing the decision from the AppellateDivision which held that the government can assert inverse condemnationin order to take property without compensation. (If…
More On The Thirtieth Anniversary Of Kaiser Aetna
Barista’s note: we posted a version of this story before, on the 30th anniversary of the date the Court issued the opinion (December 4, 2009), but thought we would reprint a more detailed view, recently published in our firm’s newsletter, complete with photos.
Damon Key Celebrates Thirtieth Anniversary of Landmark U.S. Supreme Court Victory
What…
