Yesterday, our ABA and Owners’ Counsel of America colleague Dwight Merriam gave the keynote address at the 7th International Conference of the Academic Association on Planning, Law, and Property Rights, in Portland, Oregon. Dwight’s presentation, “Getting Past “Yes or No” – Linking Police Power Decision-making with Just Compensation,” centered on the idea
It’s easy to forget that place names are not “real” in the sense that they exist other than in our collective minds, but are impermanent markers bestowed on places by man. There’s nothing that commands New York is “New York,” the Mississippi River to be so named, or the island of Molokai to be called
If you are a member of the ABA, mark your calendars for Tuesday, February 26, 2013, noon to 1:00 p.m. Eastern Time, for a free teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law
I did want to make a mention of a sad milestone I wish we didn’t have to come to, the passing of Maui’s irreplaceable land use lawyer B. Martin Luna. Here’s the report from the Maui News.
Having dealt with Martin over the years, he was a true gentleman, and everything that you conjure
The oral argument calendar of the Hawaii Supreme Court looks pretty interesting:
The speed of the internet: we were all set to summarize our thoughts on the South Carolina Supreme Court’s opinion in Dunes West Golf Club, LLC v. Town of Mount Pleasant, No. 2011-194211 (Jan. 9, 2013), a case involving equal protection, substantive due process, and takings claims, when Dean Patty Salkin at the Law
Here’s the inevitable reaction to U. Hawaii law Professor David Callies’ recently-published law review article (and follow-up interview) about the stunning success rates certain parties enjoy in the Hawaii Supreme Court. In that article, the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues “appalling,” so it should come
The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a “zoning verification” by the Director of the City and County’s Department of Planning and Permitting is not a “decision of the Director” which a property owner must administratively appeal to the Honolulu Zoning Board of Appeals. Hoku
Does the editorial board of the New York Times really have the stones to start off its latest editorial about the Takings Clause, “Where Is the Taking?“, with this:
When a city condemns private property to make way for a public highway, that is a classic “taking” for which government must provide “just
We’re tied up all day in the 10th Hawaii Land Use Law Conference, but two other bloggers have stepped up to fill the gap, offering cogent analysis and some contrarian thoughts about the recent oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
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