The case that seemingly wouldn’t end — Coy Koontz, Jr.’s continuation of his late father’s case against the St. Johns River Water Management District over the WMD’s demand that they “pay to play” — has ended with its eighth appellate decision (including the now-famous visit to the U.S. Supreme Court), with another win for
CFC: Denial Of Wetlands Dredge And Fill § 404 Permit = Taking = $4.2M Just Compensation
Remember the Lost Tree case? That’s the one where the Federal Circuit concluded that a single parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is to be measured. The court overturned a Court of Federal
Cal App States The Inconvenient Truth: There’s No Substitute For Eminent Domain – Gov’t Must Condemn First If It Wants To Enter Land
This is a longer post, but we think it’s worthy of your time. That’s because even though there’s a lot going on in the opinion by the California Court of Appeal in Property Reserve, Inc. v. Superior Court, No. C067758 (Mar. 13, 2014), it cuts through much of the unnecessary doctrinal fog surrounding takings
Lawprof Joseph Sax Passes
As noted on the LegalPlanet blog, law professor Joseph L. Sax has died (“In Memoriam: Joseph L. Sax, Gentleman, Scholar, Giant of Environmental Law“). Although we came at the issues from utterly different positions, there’s no question that he will be missed.
I recently had the opportunity to give a presentation on the
HAWSCT On Water, Public Trust Duties, And Autoapproval Requirements
The Hawaii Supreme Court has issued an opinion in Kauai Springs, Inc. v. Kauai Planning Comm’n, No. SCWC 29440 (Feb. 28, 2014). In its preview of the case, the court framed the issue thusly:
In its application, Kauai Springs argues that the ICA gravely erred by: 1) concluding that Kauai Springs impliedly assented
The Fences Of Madison County: No Judicial Taking
No, not that Madison County, but rather Madison County, Montana.
In Public Lands Access Ass’n v. Bd of County Commissioners of Madison County, No. DA 12-0312 (Jan. 16, 2014), the Montana Supreme Court held that a riparian owner’s efforts to fence his land to keep the public from crossing it and accessing
Maine: Beach Property Not Subject To Special Rules
Our thanks to a new colleague from the U. Maine Law School, who gave us the heads-up about a recent decision from that state’s supreme court about private ownership of beaches, Almeder v. Town of Kennebunkport, No. Yor-12-599 (Feb. 4, 2014).
Littoral property owners sued the Town to determine who owns certain portions of
Does Hawaii Need An “Environmental Court?” (Part II)
Looks like they’re at it again, a solution in search of a problem: a bill has been proposed in the Hawaii Legislature to create an “Environmental Court,” whose mission would be to handle “environmental disputes” arising under a wide range of state statutes:
…administrative proceedings and proceedings for declaratory judgment on the validity of agency
HAWSCT: Damage To Unique Property Subject To Unique Rules
There’s not much doubt that the now-notorious large-scale unpermitted upland grading and grubbing by a Kauai property owner on its private land caused the runoff that catastrophically damaged the adjacent beach and the reef offshore. The damage was pretty bad, and resulted in the “largest storm water settlement [with the federal EPA] in the United
Things To Read In Chicago When You’re Freezing
We’re at the ABA Midyear meeting in sunny Chicago, so we have our to-read links posted today instead of a new case digest. Our fingers are too frozen to post anything more:
- Kelo Revisited: Properties were seized and a neighborhood razed in the name of ‘economic development’ that never came (from the Weekly Standard).
- Lawprof