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Thursday, February 20, 2020
Bridge Aina Lea: 9th Circuit Takes Developer's Last Dollar
By Robert Thomas @ 2:44 AM :: 5270 Views :: Hawaii County , Development, Land Use

CA9: Remember That $1 The Court Awarded You For The Jury's Finding Of A Regulatory Taking? We're Taking That Away, Too

by Robert Thomas, Inverse Condemnation, February 19, 2020

Here's the latest in a long-running, multi-forum takings case about the development of affordable housing on the Big Island of Hawaii. 

Last we saw, the District Court awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea's property. The parties cross-appealed: the State argues the district court should have granted the State's JMOL on liability, while the property owner appealed the $1 judgment. 

Today, the Ninth Circuit reversed the District Court's 's opinion, holding that the district court should have ruled in the State's favor on liability. The court remanded the case for entry of judgment in the State's favor (meaning even the $1 just compensation judgment is gone). Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm'n, No. 18-15738 (Feb. 19, 2020).

We're tied up doing lawyer stuff today, so can't read or analyze the decision in detail. But once we come up for air, we shall do so. 

Bloomberg: Hawaii’s Land-Use Reclassification Upheld by Ninth Circuit

PDF: Bridge Aina Lea, LLC v. State of Hawaii Land Use Comm'n, No. 18-15738 (9th Cir. Feb. 19, 2012)

July, 2018: Bridge Aina Lea--Next Stop 9th Circuit


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