Land use law

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The NY Times posts a story, “Despite Earlier Defiance, Holdouts in Columbia’s Expansion Zone Are Down to 3,” about Columbia University’s move into the area north of W. 125th Street.  Hat tip to No Land Grab for the link. 

New York City is a long way from the jurisdictions that are theusual subjects of the posts on this blog, but this case has interestedme since I am familiar with both sides of the dispute.  When I was atColumbia Law, I used businesses mentioned in the article: I filled mytank at the service station (yes, I lived in Manhattan and owned acar), had a couple of meals at the McDonalds on 125th (starving studentdays), and stored some of my stuff at the Tuck-it-Away on Broadway. See also these posts on the same topic: Columbia Pulls a Kelo, Columbia U. Takes Manhattan, and Columbia U’s Expansion Plans and Continue Reading NY Times on Columbia U’s Expansion Plans

In anticipation of the upcoming eminent domain conferences, ALI-ABA has posted a (free!) short podcast by Michael Berger about the recent $37 million inverse condemnation judgment against a northern California for causing the plaintiff’s land to become undevelopable wetlands (Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007)).  See you at the conference (Jan 3-5, 2008). Continue Reading Podcast on $37m Federal Inverse Condemnation Judgment

The US District Court for the District of Hawaii dismissed most of the counts of the Maui Vacation Rental Association’s complaint against the County of Maui.  The court held that MVRA had the right to bring suit on behalf of its members, but dismissed — without leave to amend — the substantive and procedural due process claims, the breach of contract claim, the breach of implied covenant of good faith and fair dealing claim, the equitable estoppel claim, and the illegal customs and policies claim.  The court also dismissed the equal protection claim, but allowed MVRA to amend its complaint. 

Here’s the court’s written order.  (The court’s summary order also mentioned a “First Amendment” claim, but no such claim is mentioned in the written order.)

County Fails to Process 90% of Applications

Vacation rentals outside of the “Hotel” zones are generally prohibited.  Those vacation rentals that were not operating…

Continue Reading Federal Court Dismisses Maui Vacation Rental Due Process Claims — Details

According to this story in the West Hawaii Times (free registration may be required), the County of Hawaii is considering amending its Charter to form another Planning Commission, and splitting jurisdiction between a Leeward commission and a Windward commission. 

No one has challenged the validity under state law of a county having more than a single planning commission (even though Maui County for some time has has three — one for each populated island within the county), and state law can be read to require that each county have a single commission. Jesse Souki analyzed the issue in this post on his Hawaii Land Use Law blog.  Also, see his comment below. Continue Reading Double Your Fun: Big Island Considering Another Planning Commission

Hat tip to Supreme Court of Hawaii Blog for posting a Maui County press release announcing that on December 17, 2007, the US District Court for the District of Hawaii dismissed, for failure to state a claim, most of the allegations in the lawsuit by the Maui Vacation Rental Association.  The Maui News reports the story here, and Jesse Souki amalgamates his posts on the case at his Hawaii Land Use Law blog here. 

Failure to state a claim means either that a cause of action alleged by the plaintiff is not recognized, or, more commonly, that the plaintiff failed to properly plead an essential element of her legal claim.

Here’s the court’s summary order.  When the court issues its full written order, we’ll post it.Continue Reading Federal Court Dismisses Most of Maui Vacation Rental Lawsuit

As reported here and here, the City of Half Moon Bay, California is going to appeal the $37 million federal inverse condemnation judgment to the Ninth Circuit.  In the first story, the San Francisco Chronicle reports:

The Half Moon Bay CityCouncil on Tuesday night voted to hire a team of appellate lawyers andannounced it would fight a potentially ruinous federal court decisionthat orders the city to pay $36.8 million to a developer in a propertydispute.

“The City Council has decided to go forward with an appeal,” MayorBonnie McClung told a crowd of more than 70 people gathered for thecouncil’s first regular meeting since the ruling came down. “We areunited in our position at this point that this is the best course ofaction for us.”

The council voted unanimously to hire Orrick, Herrington &Sutcliffe, a San Francisco law firm that specializes in public financeand corporate law. In the same

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Continue Reading City Will Appeal $37 Million Inverse Condemnation Judgment to Ninth Circuit

The $37 million inverse condemnation judgment against the City of Half Moon Bay, California by  the US District Court for the Northern District of California is having some repercussions, as reported by the San Francisco Chronicle:

Under the worst-casescenario, officials say, Half Moon Bay would become the first Bay Areacity forced to dissolve, and the coastal town’s land would become anunincorporated part of San Mateo County.

Members of the City Council say that’s unlikely, and they plan tovote at a public meeting tonight to retain an appellate law firm and afinancial consultant to advise them on how to tackle a court judgmentthat is more than three times Half Moon Bay’s $10 million annual budget.

. . .

Funding such a bond wouldmean “significant budget cuts across the board,” the City Council saidin a joint statement last week. “Everything will be affected – parks,streets, libraries, repairs – every municipal function will…

Continue Reading Government’s Response to $37M Inverse Condemnation Judgment

From January 3 – 5, 2008, ALI-ABA is putting on its annual program of eminent domain seminars, this time in San Francisco, California.  Two programs are being offered: “Condemnation 101: Fundamentals of Condemnation Law and Land Valuation” for those who want a course on the basics, and “Eminent Domain and Land Valuation Litigation,” for those who have some experience in this area of law.  The links above have agenda and faculty details, as well as registration information.  If you register by December 17, 2007 (midnight) using the code “DEC200730,” you will get 30% off of these or any other ALI-ABA course or materials.  Great deal.

These seminars are perhaps the best of their kind offered.  The faculty is great, and the agendas look like they will be their usual high quality.  I’m attending the advanced course.  If you register, be sure to let me know and Continue Reading Eminent Domain Seminars – January 2008

Here are the latest filings in the federal lawsuit by the Maui Vacation Rental Association against the County of Maui.  The court asked for further briefing on the due process claim.   The plaintiff’s supplemental brief is here, and the County’s supplemental brief is here.

Previous posts on the case, including prior briefs and other pleadings, are here, here (video), here, and here.  The hearing on the County’s motion to dismiss is scheduled for December 19, 2007, at 9:00 a.m.Continue Reading Latest Briefs in Maui Vacation Rental Case