<a href="http://www.coveritlive.com/mobile.php?option=com_mobile&task=viewaltcast&altcast_code=4bdb32d238" >Kuilima EIS Oral Arguments at Hawaii Supreme Court</a>
This is the live blog of the Hawaii Supreme Court oral arguments in Unite Here! Local 5 v. City and County of Honolulu, the case in which the Intermediate Court of Appeals held that unless the project changes, a supplemental EIS is not [...]
This is Part II of our preview of the oral arguments in Unite Here! Local 5 v. City and County of Honolulu, the case in which the Intermediate Court of Appeals held that unless the project changes, a supplemental EIS is not required under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch. [...]
On Thursday, December 17, 2009, at 9:00 a.m. Hawaii time, the Hawaii Supreme Court will hear oral arguments in Unite Here! Local 5 v. City and County of Honolulu. Note: Justice Recktenwald is recused and Circuit Judge Derrick Chan will be taking his place.
This post will [...]
For better or worse, the U.S. Supreme Court's 1954 decision in Berman v. Parker, 348 U.S. 26 (1954) marks the legal genesis of modern public use jurisprudence. The Court's opinion in the case is pretty thin on facts, however, and does not provide any real clue regarding what was going on, [...]
The Hawaii Supreme Court is hearing oral arguments in the case of Unite Here! Local 5 v. City and County of Honolulu. Special thanks to my partner and fellow blogger Robert Thomas for the briefs and decision below.
Disclosure: I represented a party to this case in the trial court, but it is [...]
Tune in on Thursday, December 17, 2009 at 9:00 a.m. HST for my colleague Mark Murakami's live blog of the Hawaii Supreme Court oral arguments in Unite Here! Local 5 v. City and County of Honolulu, the case in which the Intermediate Court of Appeals held [...]
The Hawaii Supreme Court will be hearing the case of Unite Here! Local 5 v. City and County of Honolulu on December 17, 2009 at 9:00 a.m. Since my fellow blogger Robert Thomas is out of town, I am gearing up for my maiden attempt at a live blog. [...]
Yesterday, I attended the Hawaii Chapter of the Federal Bar Association's first annual conference at the Royal Hawaiian Hotel.
The conference began with a Supreme Court Review by former Stanford Law School Dean Kathleen Sullivan and the Honorable William A. Fletcher of the Ninth Circuit. They discussed the 2008-2009 [...]
Until recently, a Maine property owner who sought review of a Claims Commission award of compensation needed to provide notice to the Commission of the appeal to Superior Court. Mr. Morrill believed a Commission award was insufficient and appealed, but did not provide notice. The Superior Court dismissed the case.
Morrill [...]
In State ex rel. Bd. of Regents v. McCloskey Brothers, No. 105228 (Dec. 8, 2009), the Oklahoma Supreme Court held that Oklahoma State University can take property for creation of an "athletic village." Here's the entirety of the public use holding:
The landowner argues that the taking was not for [...]
In its annual summary of the U.S. Supreme Court term, the Harvard Law Review addresses the Court's most important decisions, and this year includes the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1463 (2009). [Disclosure: we filed a brief in the case in support [...]
The end of a full week in the eminent domain and takings front. The U.S. Supreme Court heard oral arguments in the Florida judicial takings beach case (while the New Jersey and Hawaii courts are considering similar issues), and a New York appellate court issued a blockbuster opinion striking down [...]
No, not that Sgt Pepper taught the band to play (that was 20 years ago).
On Tuesday, December 4, 1979, the U.S. Supreme Court issued its landmark decision in Kaiser Aetna v. United States, 444 U.S. 164 (1979). My Damon Key colleagues Charlie Bocken and Diane Hastert briefed [...]
Read this opinion: Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009).
The New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private [...]
Full Disclosure: I like the beach.
Ironic that on the day the U.S. Supreme Court is reviewing a Florida Supreme Court's decision to regarding a beachfront property owner's property rights (see Robert Thomas' comprehensive coverage of the case and our amicus brief here), I come across an article regarding Hawaii's [...]
Today, the U.S. Supreme Court heard oral argument in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case in which the Court is considering the theory of "judicial takings" and whether state courts are constrained by the Fifth Amendment if they [...]
On the McDonald v. City of Chicago Privileges or Immunities Clause case, I have updated my resource page here with the amicus briefs filed to date and some recent posts from the Blogosphere. The Supreme Court has set the case for argument on March 2, 2010 at 10:00 a.m.
Stay tuned.
[...]On Wednesday, December 2, 2009, the U.S. Supreme Court will hear oral arguments in the biggest takings case of the year, Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). This is the case in which the Court is considering [...]
The Cato Institute's Ilya Shapiro discusses Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case being argued in the U.S. Supreme Court on Wednesday.
We will post a preview of the arguments, but in the meantime, [...]
