Here’s the respondent’s brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Supreme Court is considering whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only to exactions for land, or whether they are generally-applicable
Two Hawaii Supreme Court Cases To Watch
The Hawaii Supreme Court recently accepted cert in two cases worth watching. Our colleage Rebecca Copeland has summaried both and posted the relevant documents over at Record on Appeal.
- Blake v. County of Kauai Planning Comm’n, No. SCWC-11-0000342. This case asks whether a lawsuit challenging the approval of a final subdivision is “ripe”
HAWSCT Rejects County’s Argument That Property Owner Must Change The Law To Ripen Takings Claim
That was quick. As we predicted (and urged), the Hawaii Supreme Court today without comment rejected the County of Maui’s application for a writ of certiorari, which asked the court to review the Intermediate Court of Appeals decision in in Leone v. County of Maui, No 29692 (June 22, 2012) (Supreme Court order
Friday Round-Up: Flood Takings, Pearl Harbor, Organic Farming
Here’s what we’re reading today:
- We know you probably read Professor Gideon Kanner’s blog daily, but in case you missed his thoughts about the U.S. Supreme Court’s opinion in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), please read them here. Today’s must-read.
- Today is Pearl Harbor day,
HAWICA: Third-Party Objector Must Seek Administrative Relief To Challenge Halloween Party
Anyone who practices land use law is familiar with the primary jurisdiction and exhaustion of administrative remedies doctrines. These rules require courts to either dismiss claims or abstain from exercising jurisdiction unless and until an administrative agency has first developed the record and passed on the issues. If you’ve got notice of the action you
New HAWSCT Cert App: Williamson County Ripeness Requires Property Owner Change The Law
Believing that discretion was the better part of valor, we didn’t think there would be a challenge to the Hawaii Intermediate Court of Appeals’ opinion in Leone v. County of Maui, No 29692 (June 22, 2012). But we were wrong, and the County of Maui is going all in.
Update Dec. 12, 2012: cert
Mark Your Calendars: 10th Hawaii Land Use Law Conference (Jan. 17-18, 2013)
Planning co-chairs Professor David Callies and Ben Kudo have once again assembled a stellar faculty and put together an agenda that covers
Honolulu Rail: Set Phasers On Stun
Will the multi-billion dollar Honolulu rail project be halted by a federal court over a failure to adequately study the project’s possible effects on Chinatown and an old urban park/playground, or a failure to articulate the reasons why a tunnel under a major city street was rejected?
It might, but not just yet.
Today’s Order
Fed Court: City Failed To Consider Alternatives To Rail
The U.S. District Court for the District of Hawaii (Circuit Judge A. Wallace Tashima sitting by designation, because the entire Hawaii district court bench is recused) has issued an Order on Cross-Motions for Summary Judgment in the federal challenge to the Honolulu rail project.
More to follow after a chance to read it.
Our past
9th Cir: No Facial Penn Central Taking In Ordinance Creating Mobile Home Zoning
The three-part Penn Central test for an ad hoc regulatory taking tasks courts with evaluation of the economic impact of the regulation on the property’s use, the property owner’s distinct investment-backed expectations, and the character of the government action. Throw all of these “factors” into a pot, stir, and voila, the answer of whether