Here’s the cert petition you knew was coming, which asks the U.S. Supreme Court to review the California Supreme Court’s decision upholding the City of San Jose’s “inclusionary housing” requirement by applying rational basis review. The California court held the requirement was not an “exaction,” and was no more than a mere zoning regulation or
Tomorrow: ABA Land Use Committee Talk On The California Workforce Housing “Exaction” Case
Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.
It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was
Eminent Domain Round-Up: Aliens, Exotic Dancers, And Princesses
Here’s what we are reading today, eminent domain with a slightly offbeat theme:
- From our New Jersey colleague Tony Della Pelle: “Nevada’s ‘Area 51’ Neighbors Facing Eminent Domain.” The truth is out there, Tony.
- More on the story: “Family Rejects Air Force’s $5.2 Million Bid for Land Near Area 51.”
Where’s Palazzolo, Ninth Circuit? Owner Bought Property Subject To Regulation (Just Not These Regulations), So Has No Takings Claim
From the Ninth Circuit, a published opinion in a case challenging a Napa Valley city’s mobilehome rent control ordinance, Rancho de Calistoga v. City of Calistoga, No. 12-17749 (Sep. 3, 2015). Here’s a complete summary of the issues in the case, along with the Ninth Circuit merits and amici briefs. We’ve been following it because
Hawaii Federal Court Gets Rid Of Most Claims Against Land Use Commission, But Allows Takings And Vested Rights Claims To Go Forward
Here’s the latest in a case that we’ve been following, which was in both state and federal court, Bridge Aina Lea v. Land Use Comm’n.
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other
Not Quite “Where No Man Has Gone Before” – Hawaii Supreme Court Considers Mauna Kea’s 30 Meter Telescope
Oral Arguments part I
Oral Arguments part II
Three points before we get to our more involved thoughts on last week’s oral arguments in what is known as the “Thirty Meter Telescope” case, Mauna Kea Anaina Hou v. Bd. of Land and Natural Resources, No. SCAP-14-0000873:
- Appellate oral arguments are not necessarily an accurate
NC Supreme Court To Review “Map Act” Takings Case
We have learned that the North Carolina Supreme Court has granted the State’s request to review Kirby v. North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015).
That’s the case in which the Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives
Wisconsin App: Town’s “Scare Gun” Permit Requirement Not A Taking
Breaking Up Communities For Redevelopment
A piece on the humor site Cracked, “4 Thriving Communities That Rich People Destroyed On Purpose,” tells an old story: modest-but-decent places “redeveloped” into (1) Dodger Stadium, (2) Brazil’s Olympic venues; (3) the Salton Sea, and (4) Central Park, respectively.
(We note that the segment on the Salton Sea is the
What You Need To Know About Hawaii’s New Environmental Court
Enviro Wars Episode IV: A New Court
You may have heard that the Hawaii Legislature, after an intensive years-long effort by environmental groups, recently created a new court with specialized jurisdiction that could have a big impact on how property and business owners are treated by Hawaii’s courts.
Known as the “Environmental Court,” this new