Real Estate & Property Law

The Brief Amicus Curiae: How To Win Friends, And Influence Courts

Posted on December 07, 2008
Good article at Slate by an ex-SCOTUSblogger, advocating for more "liberal group" amicus participation at the cert stage in cases before the U.S. Supreme Court, "The Early Brief Gets the Worm" --When left-leaning groups ignore an opportunity to tell the...

Hawaii Agriculture at Risk: Water Law and Land Use

Posted on December 06, 2008
In theory, Hawaii reveres agriculture: pre-western contact Hawaii was primarily an agrarian society, many of us trace our family's history to the post-contact "plantation days," and today, even environmental groups proclaim they support farmers and ranchers and want to "keep...

State of Hawaii's Merits Brief in SCOTUS Ceded Lands Case

Posted on December 05, 2008
The State of Hawaii filed its merits brief in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). Download the brief here.The U.S. Supreme Court is reviewing the decision of the Hawaii...

Our Honolulu Advertiser Op-ed on Navy Sonar Case

Posted on December 04, 2008
Along with my Damon Key colleague Mark Murakami, I authored a commentary published today by the Honolulu Advertiser about the recent U.S. Supreme Court decision in the Navy sonar case, Winter v. Natural Resources Defense Council, Inc., No. 07-1239 (Nov...

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9th Circuit: Revised Opinion in McClung v. City of Sumner

Posted on December 02, 2008
A panel of the Ninth Circuit has revised its earlier opinion in McClung v. City of Sumner, No. 07-35231 (Sep. 25, 2008), adding a footnote:On slip Opinion page 13750, insert a new footnote 3 at the bottom of the page...

Cert Denied in Braun

Posted on December 01, 2008
The U.S. Supreme Court today issued an order denying review of the Sixth Circuit's decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a case we discussed here. The petition expressly asked the Court to...

Teleconference on How to Deal With NIMBYs

Posted on December 01, 2008
Check this out: an upcoming teleseminar on "Not in My Backyard (NIMBY): Development Resistance." "This teleconference will provide practical, actionable tools to anticipate and avoid community resistance to controversial land use projects and to actively build community enthusiasm for the...

New California Law: You Shall Live Near Transit

Posted on November 28, 2008
Given that Honolulu voters recently approved a $4B-plus rail system, an article from the San Francisco Chronicle about a new California law encouraging "local governments and builders to concentrate growth in urban areas or close to public transportation hubs in...

9th Circuit Takes Belt and Suspenders Approach to Takings and Due Process Challenge to Cal. Rent Control Ordinance

Posted on November 28, 2008
Revisiting a decision from September 2007, the Ninth Circuit revised the opinion in Equities Lifestyle Prop., Inc., v. County of San Luis Obispo (No. 05-55406), a decision we originally analyzed here. In the original decision, the Ninth Circuit affirmed the...

Too Late For "Never Mind" in the Ceded Lands Case

Posted on November 25, 2008
On October 1, 2008, the U.S. Supreme Court agreed to review the Hawaii Supreme Court's decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). That decision...

Property Law Blog of Note

Posted on November 25, 2008
Head's up on a property law blog I've been following for a while, but haven't had a chance to "review" until now. It's Grand Theft Property, the blog authored by Florida attorney James S. Mattson. His posts include some of...

"No, I'm Spartacus!"

Posted on November 22, 2008
Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas. Recall that in Western Seafood Co. v. United States, No 04-41196 (5th Cir., Oct. 11, 2006), the court held...

Best Plaintiff Group Name: Association of Irritated Residents

Posted on November 19, 2008
An opinion today from the California Fifth District Court of Appeals: Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist., No. F03956 (Nov. 11, 2008). The case involves whether a local air pollution control agency must...

Sierra Club Hawaii's New Executive Director

Posted on November 18, 2008
The Sierra Club of Hawaii has named my former Damon Key colleague Robert D. Harris as its new Executive Director, as reported by Pacific Business News here. Robert is one heckuva attorney, and no doubt he will lead the organization...

New Cert Petition on Penn Central and (Yet Again) Williamson County

Posted on November 18, 2008
When four justices of the U.S. Supreme Court tell you that a case needs to be overruled, and district judges acknowledge the case "has led to a number of serious problems," you know something is seriously wrong. Yes, we're back...

SCOTUS "Ceded Lands" Case Update

Posted on November 17, 2008
Last week, the U.S. Supreme Court extended the time for filing merits and amicus briefs in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). Here's the revised briefing schedule:The time within...

Upcoming Event: "Ninth Circuit Practice Tips"

Posted on November 17, 2008
On Thursday, November 20, 2008 from 1:15 to 2:00 p.m., the Hawaii Chapter of the Federal Bar Association is sponsoring "Ninth Circuit Practice Tips," featuring three judges of the U.S. Court of Appeals for the Ninth Circuit:Hon. Mary M. SchroederHon....

Presenting: the Intermediate Court of Appeals of Hawaii (ICA)

Posted on November 16, 2008
Check out today's Honolulu Star-Bulletin for "Change in law gives panel new influence," a story about the Intermediate Court of Appeals, which is now the court of first impression for appeals-of-right in the Hawaii state court system. Until 2006, when...

Resistance is Futile: Inversecondemnation.com Now on Twitter

Posted on November 15, 2008
In 1994, at the dawn of mass public use of the internet, I wrote an article for the Journal of Legal Education about the benefits and dangers of using technology as a pedagogical crutch in law schools: ?Hey, Did You...

Overrule Williamson County

Posted on November 14, 2008
On November 25, 2008, the Supreme Court will consider whether to review the Sixth Circuit's decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a decision we analyzed here. The petition expressly asks the Court...

Navy Sonar Case Round-up

Posted on November 13, 2008
Yesterday's Supreme Court decision in Winter v. Natural Resources Defense Council, Inc., No. 07-1239 has generated a fair amount of media and blog coverage, both nationally and in Hawaii. Why do we care about a case involving the Navy's use...

Ninth Circuit Coming to Honolulu Nov. 17 - 21

Posted on November 13, 2008
A panel of the U.S. Court of Appeals for the Ninth Circuit is riding circuit to Honolulu next week to hear oral arguments. The arguments will be held in the sixth floor courtroom at 1132 Bishop Street each day but...

Decision in Navy Sonar Case

Posted on November 12, 2008
The U.S. Supreme Court issued a ruling today in Winter v. Natural Resources Defense Council, Inc., No. 07-1239, the case about the Navy's use of mid-frequency active sonar in training exercises off the California coast. The Court vacated the injunction...

Two New Categories: Equal Protection, 42 U.S.C. § 1983/Civil Rights

Posted on November 08, 2008
Administrative note: I've added two new categories for indexing posts:Equal Protection 42 U.S.C. § 1983 | Civil Rights Equal protection comes up often in land use litigation when the government discriminates against a person for belonging to a protected class,...

New Blog on State and Municipal Government and Land Use Law

Posted on November 08, 2008
So much of "land use" and eminent domain law also involves the law of state, local, and municipal law. Thus, its good to see the folks at the International Municipal Lawyers Association have started blogging. Check out IMLA's Local Government...

Pleading Class of One Equal Protection Land Use Claims

Posted on November 07, 2008
The most easily recognizable equal protection claim is one in which the plaintiff claims membership in a protected group, and some form of discrimination against the class. Another type of equal protection claim is the "class of one" claim under...

Kauai Springs Update: Civil Rights Case, Kauai Planning Commission Appeals

Posted on November 05, 2008
The latest on the Kauai Springs cases. In the civil rights case, we've filed a motion for Kauai Springs seeking summary judgment on the substantive due process, permit approval, and 42 U.S.C. § 1983 claims. Download a copy here. The...

Land Use Law Round-Up

Posted on November 05, 2008
Several interesting land-use law related posts from other law bloggers worth noting: The Real Estate and Construction Law Blog posts a detailed summary and analysis of the Save Tara case from the California Supreme Court about development agreements and CEQA...

D-Day Draws Nigh For Honolulu Rail, Condemnations

Posted on November 02, 2008
On November 4, 2008, Honolulu voters are being asked to say yes or no to a proposed amendment to the Honolulu charter: Shall the powers, duties, and functions of the city, through its director of transportation services, include establishment of...

Clearing Up Myths About Hawaii Eminent Domain Law and the Rail

Posted on November 02, 2008
In reviewing some of the comments posted on the Honolulu Advertiser's November 1 report "Rail study doesn't list all affected properties," it seems several of the commenters have fairly severe misconceptions about how eminent domain law works in Hawaii...

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