Here’s one from the Hawaii Intermediate Court of Appeals, Cervelli v. Bufford, No. CAAP-13-896 (Feb. 23, 2018), in which the court considered whether homeowners who rented out rooms in their home to the public, but refused to do so to a lesbian couple, violated Hawaii’s public accommodation laws, or were sheltered from the statute
Back to the Future of Land Use Regulation – Brigham-Kanner Article
Here’s the (draft) article from our poriton of the first panel at the 2017 Brigham-Kanner Conference, “Back to the Future of Land Use Regulation.” (Also posted on SSRN here.)
This is an expanded version of our talk (listen to the audio here) during the Conference during which the William
Latest Issue Of The Urban Lawyer
For you land-users out there, be sure to check your inboxes for the link to the latest issue of The Urban Lawyer, the law review published by my section of the ABA, the Section of State and Local Government Law. With articles on privacy and public real estate records, neighborhood opposition to zoning changes
ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)
Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations.
We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this
First Post-Murr Cert Petition
Here’s the first post-Murr cert petition (as far as we can tell), in a case we’ve been following. As we wrote in “The First Post-Murr Case? Fourth Circuit: No Taking Because Anti-Development Merger Regulations Actually Make Property Developable,” the Fourth Circuit concluded:
[T]he County’s regulations were run-of-the-mill zoning/land use ordinances, and thus
Protip For Condemnors: For Planned Projects, Play Hide The Ball: “Project maps showing required acquisitions should be referred to as ‘studies,'” And “[b]oth in reality and in appearance, advise staff not to leave a paper trail”
What to make of this? A blog aimed at condemning authorities, with advice on how to avoid a claim for precondemnation damages. Okay, nothing wrong with that. Condemnors deserve good legal counsel as much as other parties. Indeed, having inexperienced counsel for the condemnor often makes resolving cases harder than it should be
New Resource, New Book (The Law of the Fourteenth Amendment)
Two items from land use guru Lawprof Daniel Mandelker:
- A link to his resource web site, appropriately titled “Land Use Law.” It’s where we go to keep up with all of the land use and related (including takings) stuff. Includes photos of the sites in key casess (like our “takings piligrimages
Brigham-Kanner Podcast: “The Future Of Land Regulations And A Tribute To David Callies”
Back in October, the William and Mary Law School awarded U. Hawaii lawprof David Callies the Brigham-Kanner Prize at a two-day conference in Williamsburg. Our summary of the conference is posted here.
We spoke at the conference, at the first panel entitled “The Future of Land Regulation and a Tribute to David Callies,”
The First Post-Murr Case? Fourth Circuit: No Taking Because Anti-Development Merger Regulations Actually Make Property Developable
Here’s a case about the denominator in a regulatory takings case from July 2017, just after the U.S. Supreme Court issued its opinion in Murr v. Wisconsin. We somehow missed the opinion when it was issued, but since we think it must be the first case which attempted to apply the Murr majority’s multi-factor test
If There Ever Was A Perfect Case To Address Williamson County …
…this is might be it: Lampkins Crossing, LLC v. Williamson County, No. 3:17-cv-00906 (Nov. 14, 2017), in which the District Court dismissed substantive due process, procedural due process, and equal protection claims for not being ripe under Williamson County‘s “final decision” prong. The Williamson County case decided on Williamson County grounds.
Now, we’re