Last month, we posted a decision about nonconforming uses, White v. City of Elk River, No. A12-0681 (Minn. Dec. 4, 2013), and want to follow up by posting a good summary of the issues, as well as the amicus brief that was filed in the case in support of the property owner.
Start here
Next Monday, January 13, 2014, from noon to 1:00 p.m., I’ll be speaking — along with my Damon Key partner Greg Kugle — to the Hawaii State Bar’s Appellate Law Section about administrative appeals, in a session entitled “Administrative Appeals: How Do You Get There And How Do You Get Out Of There?”
Here are links to some of the materials mentioned at our session today on the GMO issue at the Hawaii Agriculture Law Conference:
Here’s one for you land users which details how the very broad way Hawaii Supreme Court treats claims of jurisidictional ripeness.
In Blake v. County of Kauai Planning Comm’n, No. SCWC-11-0000342 (Dec. 19, 2013), the court held that a third-party challenge to the Kauai Planning Commission’s subidivision approval was ripe for adjudication, and that
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Regulatory Takings, 45 Urban Lawyer 769 (2013).
Here’s the Introduction to the article:
THE SUPREME COURT’S 2012 TERM promised to be a banner year in regulatory takings law, with
Last we checked in, the California Supreme Court had agreed to review the Court of Appeal’s decision in California Building Industry Ass’n v. City of San Jose (6th District June 6, 2013), which held that under rational basis review (and not heightend scrutiny) the city of San Jose’s “inclusionary housing” ordinance might survive challenge because
A key win for property rights today in the Minnesota Supreme Court’s decision in White v. City of Elk River, No. A12-0681 (Dec. 4, 2013). In that case, the court concluded that a municipality could not revoke a campground’s nonconforming use as penalty for alleged violations of the conditions of the conditional use permit.
We’re offline today because we’re arguing a case in the Hawaii Supreme Court about automatic approval statutes and zoning law. Here’s the summary of the issues, via the Judiciary web site:
This appeal arises out of a decision by the Respondent Planning Commission of the County of Kaua`i (Planning Commission) to deny the Petitioner Kauai
See this story from the local paper, “Man buys house next to ex-wife, erects middle finger statue.”
You stay classy, my friend.
A must read from our colleague Professor Steven Eagle (author of the Regulatory Takings treatise) about the Koontz case, Koontz in the Mansion and the Gatehouse, forthcoming in the Urban Lawyer.
Here’s the abstract:
This Article focuses on problems in implementing the U.S. Supreme Court’s expansion of its doctrine of unconstitutional conditions pertaining to