Topic
Pretext
81 published works
inversecondemnation.com
Hawaii Superferry II: Rooting Out Pretext In Legislative Actions
"Unlike Bulgo, in this case there is no evidence in the record that any company, other than Superferry, met the definition provided by section 2 when Act 2 was enacted."Sierra…
inversecondemnation.com
More On Pretext In Eminent Domain
Following up on this story, West Hawaii Today reports "Attorneys argue against Supreme Court ruling on bypass," about whether a second attempt to condemn property ostensibly for a road ispretextual…
inversecondemnation.com
Determining Eminent Domain Pretext In Serial Takings
As reported in this story from West Hawaii Today, a Hawaii trial court is considering whether a second attempt to condemn property ostensibly for a road is pretextual when it determined the…
inversecondemnation.com
State & Local Government Condemnation Committee Links
Here are links to the cases discussed on the conference call this morning: County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Dec. 24, 2008) -…
inversecondemnation.com
Amicus Brief in Goldstein v. Pataki Eminent Domain Pretext Case
The Institute for Justice, the attorneys who represented Susette Kelo in Kelo v. City of New London, 545 U.S. 469 (2005), the decision in which the US Supreme Court held…
inversecondemnation.com
Government Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
The County of Hawaii filed its Answering Brief (2.5mb pdf) in County of Hawaii v. Richards, No. 28882, the consolidatedappeal from two eminent domain lawsuits filed by the County in…
inversecondemnation.com
More on DC Decision on Evidence of Pretext in Public Use Challenges
More on Franco v. National Capital Revitalization Corp., No. 06-CV-645 (July 12, 2007), a decision from the District of Columbia Court of Appeals about the level of proof needed to…
inversecondemnation.com
DC Court: Evidence of Pretext in Public Use Challenges
Thanks to Property Prof Blog for tipping us off to a recent case involving claims of "pretext" in eminent domain cases from the District of Columbia Court of Appeals has…
Labor Law Prof Blog
En Banc MS Supreme Court Weighs In on ADEA Pretext Case
In Cash Distributing v. Neely (Miss. Jan. 25, 2007) (en banc), the Mississippi Supreme Court found in a 5-3 en banc decision an ADEA plaintiff may prevail at trial without…
Labor Law Prof Blog
Judge Posner Seeks to “Lay Title VII Dictum to Rest”
Thanks to Robert Loblaw and his Decision of the Day Blog for pointing out to me this interesting opinion from the 7th Circuit Court of Appeals (Forrester v. Rauland-Borg Corp.,…