Here's a list of land use and related cases that are worth following, or that have been decided in the last year. [Cases in which we are or were involved are indicated by an asterisk]
- The Hawaii Intermediate Court of Appeals heard oral arguments last week in the Maui Lani case, involving estoppel and height limits. The argument recording is posted here.
- The ICA dismissed an appeal on the issue of whether the state Water Commission must hold a contested case before setting interim instream flow standards. The court dismissed the appeal for lack of appellate jurisdiction, and rejected a request for reconsideration.* [We represent Hawaii Farm Bureau Federation in the case]
- In December, the ICA heard oral arguments in a case about whether Williamson County requires a property owner needs to seek a General Plan amendment (a legislative action) before filing suit for a taking in state court.* [We filed an amicus brief for Pacific Legal Foundation]
- In a case recently removed from state to federal court, a Big Island property owner is making claims against the State LUC asserting vested rights and estoppel, Nollan/Dolan exactions, state and federal due process and takings, inverse condemnation, and equal protection. In Bridge Aina Le'a v. State of Hawaii Land Use Comm'n, No 11-1-1145-06 (KKS), the plaintiff asserts that the Land Use Commission changed the land use boundaries from "urban use to agricultural use while affordable housing was being constructed on the property."
- The merits briefing is underway in the U.S. Supreme Court in PPL Montana v. Montana, a case involving by what standards are “navigability” of rivers measured. It also has “judicial takings” overtones. We'll post the briefs in a separate post soon.
- The merits briefing is also underway in an environmental case, Sackett v. EPA. This case asks whether a landowner who disputes EPA jurisdiction can challenge the assertion of regulatory jurisdiction now, or must wait for an enforcement action.
- United States v. Tohono Oodham Nation* [we filed an amicus brief on behalf ot he National Association of Home Builders supporting the Nation) – the Court held that the U.S. Court of Federal Claims does not have jurisdiction to hear a case that is pending in the district court if the claims arise from the same operative facts. This case involved breaches of trust and separate District Court and CFC lawsuits seeking different relief, but could impact takings claims against the federal government.
- Ninth Circuit: Honolulu’s failure to carry out condo condemnations did not breach the Contracts Clause. Young v. City and County of Honolulu.
- U.H. Lawprof David Callies’ research shows a 90% win rate for environmental plaintiffs in the Hawaii Supreme Court.
- SCOTUS came awfully close* to adopting a theory of "judicial takings." [We filed an amicus brief on behalf of Owners' Counsel of America]
- The ICA heard oral arguments in Pavsek v. Sandvold, No. 29179,* a case considering whether a complainer can circumvent the City's enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit claiming that a homeowner is renting her property in violation of the City's prohibition on rentals of less than thirty days. [We represent the Sandvold parties]
- State v. Pratt: the Hawaii Supreme Court accepted cert and is considering what constitutes and how to prove a "cultural practice."
