Here’s what we’re reading this Monday:
In Deschner v. State of Montana Dep’t of Highways, No. DA 15-693 (Feb. 28, 2017) the Montana Supreme Court agreed with the plaintiffs, who argued on appeal that the trial court had improperly instructed the jury about the requirements of inverse condemnation law. But the court affirmed the jury’s verdict of no inverse liability
West Virginia Dep’t of Transportation v. Newton, No. 16-0325 (Mar. 7, 2017) was the second time that case had come before the West Virginia Supreme Court. As we noted here (“DOT Should Not Have Mined Privately Owned Limestone Without Owner’s Permission“), the court held that the the Department of Highways should have
Can there be a more “Florida” name for a municipality than “Sunny Isles Beach?” Opinion may differ of course, but we think this one may take the prize.
That diversion aside, here’s today’s case. In City of Sunny Isles Beach v. Cavalry Corp., No. 3D15-1420 (Jan. 25, 2017), the Florida District Court of Appeal affirmed
Here’s the cert petition we filed today in an eminent domain case out of Mississippi.
Rather than go on about what the case is about, here are the Questions Presented:
An inverse condemnation jury determined the Mississippi Transportation Commission (MTC) ceased using a highway-purpose easement granted to it in 1952 by Petitioner’s predecessor-in-title for a
All you U. Hawaii Law grads (or those who just want a unique piece of apparel), get your newly-released swag (t-shirts, hoodies, sweatshirts) at this link. You can also get your annual subscription to the U. Haw. L. Rev. (yes, bluebooked that one), since this swag is brought to you by the Law Review
Here’s the latest in a case we’ve been following (because we represent the Petitioner), an election law case about the timing of appeals in challenges to a voter’s registration.
In Hyland v. Gonzales, No. SCWC-15-0000053 (Mar. 2, 2017), the unanimous court held that the appellant timely “brought” his appeal to the Hawaii County Board
Drone technology — those pesky little flying machines that invade your privacy — has opened up a new dimension that previously was available only to real-life pilots and those with airplanes or helicopters.
As with most new things, there’s bound to be rules, even if those rules may be playing catch-up to reality. On Monday
We’ve been meaning to post People ex rel. Dept’ of Transportation v. Presidio Performing Arts Foundation, No. A145278 (Nov. 3, 2016) for a while (as you might be able to tell by the date of the opinion), thinking that one of our left coast colleagues more familiar with the workings of California’s goodwill-in-eminent-domain rules
Scopellitti’s properties were apparently falling apart, as they were subject to a list of code violations, so the city issued citations, and went through the proscribed nuisance abatement procedures. Scopellitti, it seems, pretty much ignored the violations and eventually the city demolished the properties, an action upheld by the city’s administrative process. Next step, an inverse