here

Texas v. Hearts Bluff Game Ranch, Inc., No. 03-09-00598-DV (May 13, 2010), Continue Reading Texas Appeals Court: No Inverse Condemnation Claim vs. State Agency That Convinced Corps Of Engineers To Deny Permit

Here

Carl Ronnie Daricek Living Trust v. Hancock County, No. 2009-IA-01515-SCT (May 13, 2010).

Continue Reading Mississippi Supreme Court: Seawall Condemnation Statute Is Constitutional

In Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir., Sep. 28, 2009), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the city’s mobile home rent control ordinance (RCO) was a regulatory taking. The court found the case ripe under Williamson County, and addressed the merits of the takings claim under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).

A sharply divided en banc court vacated the panel opinion, and held that the city’s RCO did not work a regulatory taking, because the fact that the Guggenheims purchased their property subject to a rent-control regime was “fatal” to their investment-backed expectations. Our report on the en banc oral arguments is posted here. The video of the arguments is posted here. The en banc opinion is available here.

On March 11, 2011, the…

Continue Reading Rent Control Takings Case (Guggenheim) Resource Page

U.S. Supreme Court Associate Justice John Paul Stevens recently announced that he’s retiring. In property law circles, he is most recently remembered for authoring the majority opinion in Kelo.

Here’s our collection of Stevens-related takings issues

• David J. Breemer, . Abstract available here.

• George Lefcoe (USC) Book review: Jeff Benedict’s ‘Little Pink House:’ The Back Story of the Kelo Case.

Continue Reading Justice Stevens, Takings, Kelo, And Williamson County

Thank goodness for small things. At least book collectors in Los Angeles do not need to get “secondhand book dealer” permit from the government simply because they buy used books. 

In Hopp v. City of Los Angeles, No. B215265 (decided Mar. 9, 2010; published Apr. 6, 2010), the California Court of Appeal (Second District) held that a person who collects books as a hobby and does not sell them, is not required to get a permit from the city because he is not “engaging in, conducting, managing or otherwise carrying on the business of buying, selling, exchanging or otherwise dealing in secondhand books and magaziines, secondhand text books, or secondhand educational materials.” Slip op. at 4 (quoting L.A. , Cal., Mun. Code §103.310(a),(b)).

The court rejected the city’s argument that a collector who either buys or sells books, even for personal enjoyment, is a “book dealer.” It held that…

Continue Reading Cal Ct App Gives LA The Business: A Book Buff Is Not A “Book Dealer”

If you want a peek behind the curtain at this humble little blog, law firm marketing expert Jayne Navarre has kindly featured it in her case study “Build a Blog – Build a Law Practice: One Lawyer’s Journey.”

It tells the tale of how and why I produce this blog, how it has helped me to build a practice, and more importantly, why it was essential in creating relationships with colleagues across time zones.

I’ve been blogging for over three years now, which in internet terms makes me an old timer. Practice was fun before launching the blog, but as Jayne notes, something did change after I launched:

Robert’s been in private practice for 30 years. Up until four yearsago, he published articles, gave presentations, was active in the American Bar Association,and hit the local cocktail circuit as much as he could in order tobuild his practice.

Continue Reading Law Blogging, Deconstructed

We average between three and five posts per week, often putting up decisions and briefs before they show up on Westlaw or Lexis. But we can’t keep up with everything — my firm and clients would probably like me to devote a bit of time to the actual practice of law. I wouldn’t want anyone to think that I do this alone, because I often rely on colleagues locally and nationwide to send items.

I’d love to acknowledge those who wish to be acknowledged. Sometimes I remmember to ask whether its ok for me to recognize the source, but I often forget to do so, and if I don’t have affirmative ok, I remain silent.

So how about this: if you think a brief, an opinion, an article, or a new story is something that might interest other readers, please send your materials to rht@hawaiilawyer.com, with a copy to…

Continue Reading Submitting Items For Posting To inversecondemnation.com

Download Klumpp_NAHB_amicus_NJSCTContinue Reading National Assn Of Homebuilders Amicus In Bizarre New Jersey Taking Case