test Download 281432415-ACLU-homeless-lawsuit, No. 15
Condemnor Entitled To Ask Jurors Whether They Believe DOT “Lowballs,” If Condemnor Hints It Does
We’re not exactly sure why, but the facts in State of Texas v. Treeline Partners, Ltd., No. from the Texas Court of Appeals just crack us up.
First, the court comes up with a definition of “lowball” —
In attempting to ask potential jurors whether they believe that the State “lowballs,” the State’s…
Lead Cast In Upcoming Kelo Movie
According to the New London paper, here’s who is going to play Susette Kelo in the upcoming film version of Little Pink House. And no, it isn’t Brooke Shields.
Here are our casting choices.
Colorado: Judicial Evidentiary Rulings, Not Commission’s, Control In Eminent Domain Valuation Hearings
In those states with a commission process in condemnation, any guess where an appellate court comprised of judges will come down on who gets to make the final call about what evidence is admissible — a judge or the commissioners?
Well, if you guessed the judge, you’d be right. In Regional Transportation Dist. v. 750 W. 48th Ave., LLC…
Cert Petition: Requirement That Developers Set Aside “Affordable” Units Is Subject To More Than Rational Basis Review
Here’s the cert petition you knew was coming, which asks the U.S. Supreme Court to review the California Supreme Court’s decision upholding the City of San Jose’s “inclusionary housing” requirement by applying rational basis review. The California court held the requirement was not an “exaction,” and was no more than a mere zoning regulation or…
Hawaii Joins Amici Brief In 2d Cir GMO Labeling Appeal
As noted in the Honolulu Civil Beat story, “Hawaii AG Backs Vermont GMO Labeling Law,” Hawaii has signed on to an amici brief in support of the State of Vermont in the Second Circuit appeal of a Vermont federal court’s ruling which rejected a challenge to Vermont’s requirement to label GMO products.
Aloha, Chuck Hurd
I’ve put off posting this for a while, but it now feels like the right time.
Back in May, Chuck Hurd — an old mentor and colleague — passed away. When I was fresh out of law school, Chuck (known as “CHH” to us in the firm) was one of the first experienced lawyers to take…
From Think Tech Hawaii: SCOTUS Reapportionment, The New Environmental Court, And The TMT Oral Arguments
We visited Think Tech Hawaii’s downtown studios for a chat with Chris Lethem about Evenwel v. Abbott, the one-person-one-vote reapportionment case currently being briefed in the U.S. Supreme Court. As we’ve written, Evenwel could directly affect how Hawaii has reapportioned its legislature since statehood, and is a case to follow closely.
We…
Tomorrow: ABA Land Use Committee Talk On The California Workforce Housing “Exaction” Case
Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.
It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was…
Merging Volunteer Fire Companies Into An “Official” Municipal Fire Department Isn’t A Taking
Here’s one from the Connecticut Appellate Court which combines two of our favorite geeky topics: takings and muni law.
In Turn of River Fire Dep’t, Inc. v. City of Stamford, No. AC 36468 (Sep. 15, 2015), the court concluded it was not a violation of the Takings Clause for the voters of the city to amend…
