Government Brief: Landowner Must Seek To Change Land Use Designations To Ripen Federal Takings Claim

The County of Maui has filed its Answering Brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). The brief responds to the property owners' Opening Brief (here).

The trial court determined the plaintiffs' federal regulatory takings claim -- which they brought in state court, as required by Williamson County -- were not ripe because they should have sought a legislative change to the offending land use regulations which allegedly deprive their property of all economically beneficial uses. The trial court's decision is available here.

The County's brief argues the takings claims are not ripe for review because they "have not alleged nor can they demonstrate they have attempted to obtain necessary changes in the use designation of their property." Brief at 26. 

More details on the case and the issues here.

Disclosure: we filed an amicus brief (available here) on behalf of the property owners. The brief argues Williamson County only requires a "final decision" by the government applying existing land use regulations to the property, and a property owner is under no obligation to change the law before asserting her federal takings claim.

More to follow when further briefs are filed.