Just back from a talk with the Land Use Research Foundation of Hawaii. I posted the outline of my talk earlier, but we will be watching this case, so I thought a post appropriate (bear with me – I know this is an ocean law blog, but I do practice a lot of
Presentation for the Land Use Research Foundation of Hawaii – Exactions of Personal Property
This morning I presented a seminar on the case of West Linn Corporate Park v. City of West Linn. The outline of my talk at the Land Use Research Foundatiaon of Hawaii is below:
Personal Property Exactions for Discretionary Permits:
Supreme Court Considers West Linn Corporate Park v. City of West Linn
• Question: Do the “essential nexus”
New Author in Town – All You Wanted to Learn About Condemnation
And, not the eternal damnation kind of condemnation either. We are proud to announce the publication of Eminent Domain – A Handbook of Condemnation Law (ABA 2011).
The American Bar Association's Section of State & Local Government Law has just published a new book on eminent domain fundamentals: Eminent Domain – A Handbook of Condemnation
Upcoming Speaking Event at ABA Spring Meeting in Portland
I've been asked to speak to the State and Local Government Section of the American Bar Association's Spring Meeting in Portland next week. I'll be presenting on Regional Land Use Controls, using Hawaii's Land Use Commission as a starting point to explore some lessons learned with land use controls above the county level.
If you
Damon Key Attorneys File Amicus Brief in Regulatory Takings Case at Supreme Court
Government passes an ordinance affecting property value, a property owner sells the affected property to another person. The successor owner brings suit to challenge the ordinance as a regulatory taking. Does the fact that the successor purchased the property after the enactment of the ordinance destroy her takings claim?
The Ninth Circuit said yes.
Today
Presidents and Vacation Rentals in Hawaii
Interesting article on CivilBeat today with a Honolulu City Zoning Inspector stating that President Obama's stay at a Kailua beachfront home violated City zoning ordinances.
Robert Thomas has an in-depth perspective on this issue over at www.inversecondemnation.com. The Zoning Board of Appeals and the City's official position differ with the zoning inspector's opinion about
Just Published in the Vermont Law Review – Of Woodchucks and Prune Yards
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Robert H. Thomas and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)(Download here)
Our introduction is a reference
December 9th – Live Blog of Hawaii Land Use Case – Leone v. County of Maui
Upcoming ICA Oral Arguments on Ripeness and Regulatory Takings
Stay tuned here for a live blog of oral arguments in the case of Leone v. County of Maui.
On Wednesday, December 8, 2010 at 10:00 a.m. HST, the Intermediate Court of Appeals will hear this case involving regulatory takings, Williamson County ripeness and GATRI v. Blane, 88 Haw. 108, 962 P.2d 367 (1998).
New Filings in Indian Trust – Regulatory Takings Case
New Amicus briefs were filed in support of the Tribe in the case of United States v. Toohono O’odham Nation.
Colorado River Indian Tribes brief here.
Chamber of Commerce brief here.
Osage Nation brief here.
Our brief, filed on behalf of the National Association of Home Builders, is here.
Questions Presented:
Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over “any claim for or in respect to which the plaintiff * * * has * * * any suit or process against the United States” or its agents “pending in any other court.” The question presented is: Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government’s alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits.
Merits Briefs:
United States (Petitioner)’s Brief: here.
Tribe’s (Respondent)’s Brief: here.
Amicus Brief of Professor Sisk: here.
Other Briefs:
United States’ Petition for Certiorari: here. (courtesy of scotusblog.com)
Tribe’s Brief in Opposition to the Petition for a Writ of Certiorari: here.
United States’ Reply: here. (courtesy of scotusblog.com)
Decision below:
Federal Circuit’s decision: here.