No. 18-324

Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al.

Lower Court: Hawaii
Docketed: 2018-09-13
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: 14th-amendment 5th-amendment economic-benefit economically-beneficial-use fifth-amendment fourteenth-amendment investment-use just-compensation land-use lucas-v-south-carolina-coastal-council natural-state property-rights regulatory-taking regulatory-takings takings-clause
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (from Petition)

Whether holding undeveloped property as an "investment" or using it as a "park" in its natural state constitutes economically beneficial or productive use of land under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).

Question Presented (AI Summary)

Whether holding undeveloped property as an 'investment' or using it as a 'park' in its natural state constitutes economically beneficial or productive use of land under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
Reply of petitioners Douglas Leone, et al. filed. (Distributed)
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-12
Brief of respondents County of Maui, Hawaii, et al. in opposition filed.
2018-11-09
Motion to extend the time to file a response is granted in part and the time is further extended to and including December 12, 2018.
2018-11-07
Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
2018-10-15
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2018-10-15
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2018-10-12
Brief amici curiae of Pacific Legal Foundation, et al. filed.
2018-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
2018-10-01
Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
2018-09-10
Petition for a writ of certiorari filed. (Response due October 15, 2018)
2018-08-03
Application (17A1395) granted by The Chief Justice extending the time to file until September 10, 2018.
2018-08-02
Application (17A1395) to extend further the time from August 13, 2018 to September 10, 2018, submitted to The Chief Justice.
2018-06-22
Application (17A1395) granted by Justice Kennedy extending the time to file until August 13, 2018.
2018-06-19
Application (17A1395) to extend the time to file a petition for a writ of certiorari from July 12, 2018 to August 13, 2018, submitted to Justice Kennedy.

Attorneys

Center for Constitutional Jurisprudence
Anthony Thomas CasoCenter for Constitutional Jurisprudence, Amicus
Chamber of Commerce of the United States of America
Elizabeth Petrela PapezWinston & Strawn LLP, Amicus
County of Maui, Hawaii, et al.
Brian Anthony BilberryThe Department of Corporation Counsel, County of Maui, Respondent
Patrick K. WongCorporation Counsel, City of Maui, Respondent
Douglas Leone, et al.
William Spencer ConsovoyConsovoy McCarthy Park PLLC, Petitioner
Pacific Legal Foundation, Cato Institute, Owners' Counsel of America, National Federation of Independent Business Small Business Legal Center, Southeastern Legal Foundation, Land Use Research Foundation of Hawaii, and Professor David L. Callies
Brian Trevor HodgesPacific Legal Foundation, Amicus