We were involved with this issue in the days leading up to the initiative election, and we represent an amicus party in this case, so we will post the court’s order without comment.
The title of this post tells you what you want to know.
HAWSCT Again Clarifies When A Judgment Is “Final” And Appealable (They’re Serious About This Finality Thing)
If there’s one thing that keeps appellate lawyers up at night, it’s jurisdictional questions. Too late and you’re toast: failing to appeal within the short appellate time frames are usually fatal to your case. Although there’s usually no overall harm in an early filing, it can be awkward when you’ve teed up a case only
Hawaii’s Reapportionment Commission Breathes A Sigh Of Relief: SCOTUS Upholds Arizona Redistricting Commission
There’s a category of cases in which it isn’t difficult, with reasonable accuracy, to predict the ultimate outcome without knowing much about the substantive law. The recent ACA and marriage cases, for example. You kind of just know how they’re going to come out. Bush v. Gore, 531 U.S. 98 (2000), was another one of
SCOTUS GVR’s Anti-Eminent Domain Sign Case
In this Order, the Supreme Court has granted the cert petition in the case we’ve been following about the anti-eminent domain sign in Norfolk, Virginia. The Court vacated the Fourth Circuit judgment and sent the case back down for consideration in light of the recent ruling in Reed v. Town of Gilbert.
Nevada: No Regulatory Taking When DOT Announced Future Plans To Condemn
In State ex rel. Dep’t of Transportation v. Eighth Judicial Circuit, No. 15-19376 (June 25, 2015), the Nevada Supreme Court covered territory addressed by other courts recently (see here by North Carolina, Florida, and here by California) — whether there’s a taking when an agency with the power of eminent domain
Worth Reading: An “Economic Liberty” Decision From The Texas Supreme Court, With Lessons For Eminent Domain
Attend any talk by a judge which includes legal writing tips, and there’s sure to be this one: keep it as short as is necessary to make your points. Justice Kennedy’s remark that “I never read a brief I couldn’t put down in the middle” and Chief Justice Roberts noting “I can’t
HAWSCT On Preemption: Local Weed No-Enforcement Initiative Conflicts With State Criminal Law (And That’s Enough)
One for you muni law types (and for future students of Admin Law to assist them with writing their outlines). In Ruggles v. Yagong, No. SCWC-13-0000117 (June 25, 2015), a divided Hawaii Supreme Court refined the test for determining when a municipal ordinance or charter provision is preempted by state law.
The court clarified
The Eminent Domain Angle In Today’s Not-Eminent-Domain Supreme Court Decision
As readers may know, we try to look for an eminent domain angle everywhere. So here you go.
Today’s Supreme Court decision upholding the ACA‘s purpose over its text, reminds us of our favorite scene in any legal film, Dennis Denuto, Esq.’s oral argument in the Australian eminent domain comedy The Castle, in
Florida App: Inverse Plaintiffs Must First Show A Wipeout Taking Before “Condemnation Blight” Considered
Everyone is distracted today by the too-big-to-fail “Obamacare” ruling by the 6-3 Supreme Court (or, as Justice Scalia called it “SCOTUScare“), in which the Court concluded that the vibe of a statute matters more than its actual language, and the Court’s ruling in the “disparate impact” fair housing case (speaking of which
Upcoming APA Webinar: 2015 Planning Law Review
On Wednesday, July 1, 2015, the American Planning Association is putting on the 2015 Planning Law Review, a program highlighting the most important and topical cases decided by the courts recently. Here’s the program description:
Planning feels the impact of decisions from the U.S. Supreme Court, federal district courts, and state courts. How will