Here’s the latest in a case we’ve been following, the property owner’s cert petition, filed last week, in which a U.S. District Court invalidated a Florida county’s “Right of Way Preservation Ordinance” which allows it to land bank for a future road corridors by means of an exaction. The court concluded the ordinance
Still Time To Join Us For The 2015 Hawaii Land Use Conference (Jan. 15-16)
Here’s the final program and faculty list for the 2015 Hawaii Land Use Conference, coming up Thursday and Friday, January 15-16, 2015, in downtown Honolulu.
This is the bi-annual gathering of Hawaii’s land use mavens, and this year’s program has two very special presenters. Storied lawprof Richard Epstein (perhaps more than a “mere mortal”
Our Final 2014 Opinion Post: Vested Rights In North Carolina
Here’s that last case in our 2014 opinion queue, from way back in July. It’s also coincidentially the 2,500th post on the blog.
In Sawn Beach Corolla, LLC v,.County of Currituck, No. COA13-1272 (July 1, 2014), the North Carolina Court of Appeals considered vested rights and takings claims in a fact pattern than streched
Williamson County Wonderfully MIA In Texas Court’s Ripeness Analysis
There’s one citation notably missing from the opinion of the Texas Court of Appeals in Anderton v. City of Cedar Hill, No. 05-12-00969-CV (Aug. 22, 2014): Williamson County.
This was case where in response to the city’s petition that the Anderdons’ use of their property was illegal, they counterclaimed that they had
New Article: “Private Takings” (via Fed Reserve Bank of Chicago)
If you, like us, went to law school to avoid things like this:
then perhaps this recently-published paper is not going to be your cup of tea.
But seriously, folks, this one might be worth your time, even if you are numbers-challenged, because it is a look at the “holdout” issue from the standpoint of
HAWSCT: Agencies Have No Duty To Keep Their Records Accurately
Remember that case we posted about here, when it was set for oral arguments in the Hawaii Supreme Court a few months ago, where the plaintiff was asserting that the County of Hawaii Planning Department was liable for negligence for not maintaining its subdivision files accurately?
Last month, the Hawaii Supreme Court issued a
Guest Post – Hawaii SCT In Aina Lea Case: The Rationales Behind The Opinion
We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an
Registration Open: 2015 Hawaii Land Use Law Conference, Jan. 15-16, 2015
Registration is now open for the 2015 Hawaii Land Use Law Conference, to be held in downtown Honolulu on Thursday-Friday, January 15-16, 2015.
This is the bi-annual conference, co-chaired by U. Hawaii lawprof David Callies and land use lawyer Ben Kudo, that brings together the big names in our area of law. In other
Md App Waxes Poetic In A Land Use Opinion
This opinion from the Maryland Court of Appeals may be too land-usey for you takings mavens, but it starts off with an attention-getter:
Few cases inflame such deep passions as a dispute involving individual property rights. The belief that fundamental concepts of liberty entailed strong property rights informed and influenced the Founders as they undertook
HAWSCT: Land Use Comm’n Can’t Rescind A Re-zoning Via Truncated Procedures
The Hawaii Supreme Court has issued a lengthy opinion in a case we’ve been following, DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014).
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