2011

The big news in Hawaii this week is the Asia-Pacific Economic Cooperation international summit, currently underway in Honolulu. Waikiki is on lockdown as leaders from 21 Pacific Rim nations, including U.S. President Obama and a lower level functionary from “Chinese Taipei,” come to town for a confab on free trade and economic cooperation in the region. Plus, they might have to dress up in the national costume of the host country. (Query: is aloha wear the “national costume” of the host United States? Not really, but it is a regional style, and making these stuffed shirts dress up like Elvis or Jack Lord seems like a hoot; we can’t wait to see Australia’s Julia Gillard in a muumuu.) Big stuff.

What do Hawaii’s leaders hope to accomplish by having the eyes of the world turned on us during the summit? In Opportunity comes ashore, the daily paper reports…

Continue Reading Potemkin Village, Hawaiian Style?

SCOTUSblog has designated West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), as a petition to watch for today’s conference.

That’s the case which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited to government demands for land.

“Petitions to watch” are those petitions which SCOTUSblog predicts have a reasonable chance of a grant (besides their own, of course). Continue Reading West Linn Case A “Petition To Watch” – Are Nollan And Dolan Limited To Exactions Of Land?

palazzolo

From The Day comes the sad news that Anthony Palazzolo, the namesake of the U.S. Supreme Court’s decision in Palazzolo v. Rhode Island, 533 U.S. 606 (2001), has died.

Anthony Palazzolo, whose fight to develop his property in Misquamicut made its way to the U.S. Supreme Court, died Nov. 3 at the age of 91.

Palazzolo, a former auto wrecker and lifelong resident of Westerly, sued the state of Rhode Island for 17 years before ending his fight in 2005.

The case pitted environmentalists and property-rights activists from across the country. Environmental officials said Palazzolo’s plan to fill and develop his wetlands would “strangle” Winnapaug Pond, since the marsh is a habitat for fish and shellfish, and filters and cleanses waters that end up in the pond.

Read the entire story here.

My PLF colleague Jim Burling argued the case on behalf of Mr. Palazzolo. Continue Reading Anthony Palazzolo (1918-2011)

5330215_big Hold the date: on Tuesday, December 6, 2011, from 5:30 – 8:00 p.m., the University of Hawaii School of Law is sponsoring a reception at the Pacific Club, in Honolulu to celebrate the publication of Eminent Domain, a Handbook of Condemnation Law by the American Bar Association.

Since so many of the people who worked on the book are associated with the U.H. Law School (I authored two chapters, my Damon Key colleagues Mark Murakami and Christi-Anne Kudo Chock authored another, the appendix was authored by three Honolulu lawyers who are also alums, and Professor David Callies is one of our editors), the law school is being kind enough to throw a little party. It turned out it was just a happy coincidence that we were all associated with the project, and Professor Callies promises that he did not round up his former students to pitch in. 

The book, as…

Continue Reading Book Reception: Eminent Domain – A Handbook of Condemnation Law (Honolulu, 12/6/2011)

Hold the presses! In an unusual move spurred by a recent decision by the Florida Supreme Court, the petitioner has filed a supplemental brief in West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), the case which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited to government demands for land.

Earlier this week, we thought we had seen the final briefs in the case, but alas no. The petitioner’s supplemental brief discusses the Florida Supreme Court’s opinion in St. Johns River Water Management Dist v. Koontz, No. SC09-713 (Nov. 3, 2011), which held that Nollan and Dolan analysis is limited to real estate exactions, and do not apply to demands for offsite mitigation. The brief argues:

The Florida Supreme Court’s decision in Koontz underscores the importance…

Continue Reading Late-Breaking: Supplemental Brief In West Linn Case: Are Nollan And Dolan Limited To Exactions Of Land?

Yesterday we filed the Star-Advertiser‘s brief responding to Governor Abercrombie’s cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the JSC list from the Governor. (We represent the Star-Advertiser.) The hearing on these motions is scheduled for November 14, 2011 at 9:00 a.m.ext

Previously filed documents: the Complaint is posted herehereStar-Advertiser’s motion for summary judgment is posted here.

Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment, etc, Oahu Publications, In…Continue Reading Opposition To Governor’s Motion For Summary Judgment In JSC List Case

Been tied up finalizing one brief and drafting another, so haven’t had time to post, but here’s what we’re reading today:

  • Via the Land Use Law Prof blog comes notice of Professor Robert Ellickson’s latest article, on The Costs of Complex Land Titles: Two Examples from China. This is the paper he presented at the recent Brigham-Kanner Property Rights Conference in Beijing. His presentation and paper generated a lot of reaction from the other scholars in attendance, and was one of the high points of the conference.
  • A preview of the upcoming California Supreme Court oral arguments (Nov. 10, 2011) on the future of redevelopment in the Golden State, from the California Eminent Domain Report.
  • More from California,

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Continue Reading Monday Reading

We’ve been thinking a lot about exactions lately.

First, it was the petition for certiorari in West Linn Corporate Park LLC v City of West Linn, No. 11-299 (petition for cert. filed Sep. 6, 2011), which asks whether the nexus and “rough proportionality” tests for a regulatory taking in Nollan and Dolan are limited to government demands for land. Then, late last week the Florida Supreme Court disagreed with the California and Texas Supreme Courts, and held in St. Johns River Water Management Dist v. Koontz, No. SC09-713 (Nov. 3, 2011) that Nollan and Dolan analysis is limited to real estate exactions, and do not apply to demands for offsite mitigation.

Now we’re back to the West Linn case, since the parties have filed their final briefs, and the Court is scheduled to decide whether to take the case at its upcoming November 10, 2011 conference. So…

Continue Reading Final Cert Briefs In West Linn Case: Are Nollan And Dolan Limited To Exactions Of Land?

This just in: on November 10, 2011, the U.S. Supreme Court will consider whether it has found the vehicle to resolve an issue the lower courts have vehemently disagreed upon, whether the Nollan/Dolan nexus/rough proportionality analysis is limited to exactions of real property. See West Linn Corporate Park, LLC v. City of West Linn, No. 11-299.

The Ninth Circuit concluded it does not, disagreeing with the California and Texas Supreme Courts, which have held that Nollan/Dolan is applicable to all exactions, not just demands for land. Yesterday, the Florida Supreme Court weighed in, holding in St. Johns River Water Management Dist v. Koontz, No. SC09-713 (Nov. 3, 2011):

Accordingly, we hold that under the takings clauses of the United States and Florida Constitutions, the Nollan/Dolan rule with regard to “essential nexus” and “rough proportionality” is applicable only where the condition/exaction sought by…

Continue Reading Fla S Ct: Nollan/Dolan Applies Only To Exactions Of Land