Damon Key Celebrates Thirtieth Anniversary of Landmark U.S. Supreme Court Victory

more+
less-

What do you call a court opinion that has been cited by 627 other courts, expressly followed in 42 cases, distinguished in 24 others, and has been cited 1,041 times in law reviews and 147 times in legal treatises?

We call it a landmark. In 1979, the U.S. Supreme Court issued its decision in Kaiser Aetna v. United States, a truly landmark case, argued and won by Damon Key attorneys Charlie Bocken and Diane Hastert.

On behalf of the developer of Hawaii Kai, Charlie and Diane took on the federal government and overturned over a century of seemingly adverse precedent. Kaiser Aetna was the first modern case finding a “regulatory taking,” which required the government to pay compensation if it wanted to open private property to public access.

Lawyers who practice property, eminent domain, or navigation law know this as the case in which the majority opinion, authored by Justice William Rehnquist, held that the navigational servitude is not a blanket exception to the Takings Clause, and just because a waterway is subject to regulation does not mean it is

open to public access.

Our firm knows this as the standard by which we have consistently measured ourselves: a case that looked difficult and required creative thinking and determined lawyering to resolve.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Thomas, Damon Key Leong Kupchak Hastert | Attorney Advertising

Written by:

more+
less-

Damon Key Leong Kupchak Hastert on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×