Lucas. B.D.; Kanade, T. An Iterative Image Registration Technique with an Application to Stereo Vision (IJCAI). In Proceedings of the 7th International Joint Conference on Artificial Intelligence (IJCAI ’81), British, Columbia, 24–28 August 1981; pp. 674–679.
Lucas. MILHAUPT agrees to provide the WDNR timely notice of EMS audits, and to invite the WDNR to observe the audit. The WDNR recognizes that the Department benefits when authorized representatives of the Department accompany the contractor during such audit activities. These benefits include, but are not limited to, affording the Department a better understanding of the facility and evaluating the relative effectiveness of the EMS. In consideration for these benefits, the Department agrees that it will not seek enforcement nor refer the matter to other State or federal departments or agencies for enforcement of any noncompliance matters discovered by the Department as a result of its participation provided LUCAS-MILHAUPT complies with the reporting requirements under s. 299.83(6m)(a).
Lucas. Standard - a Complete Wipeout - Does Not Apply Plaintiffs make conclusory allegations that the fair market value of their land has been "obliterated" by the Workforce Housing Ordinance and its threatened application. FAC, ¶46. They also allege that, as applied to all landowners, the Ordinance "... improperly effects a taking of private property in violation of Plaintiffs’ constitutional rights because the required exactions are so `... high, harsh and extreme...’ that they effectively deny landowners who seek to develop their property the economically viable use of their land and leave them no reasonable return on their investment." FAC, ¶65.Where the validity of a statute is being challenged, there must be a showing that no set of circumstances exists under which the statute would be valid. Committee of Dental Amalgam Mfrs. andDistributors v. Stratton, supra, 92 F.3d at 810. This blanket assertion of a categorical taking arising from the enactment of the ordinance, although necessary because of the facial challenge, is obviously untrue. For example, the proponents of a large development on Maui, known as Wailea 670 or Honua’ula, have assured the Maui County Council that they can and will comply with the Ordinance. CSOF, ¶ 8. The Court also may take judicial notice of the decision of the State Land Use Commission attached hereto that is the basis for a nearly completed subdivision In the Matter ofSpenser Homes Inc., reclassifying 94 acres from agriculture to urban for the construction of the 410-unit Waikapu Affordable Housing Subdivision. CSOF, ¶ 9. Fifty-one percent of thesubdivision houses are required to be affordable to families earning 120% or less of the area median income. CSOF, ¶ 9.Finally, the County has entered into one Workforce Housing Agreement and a second is expected to be finalized within 30 days. In addition, a number of developers have expressed their willingness, ability and intent to comply with the Ordinance. CSOF, ¶ 7.Obviously, the Workforce Housing Ordinance does not result in a compete wipeout for all property owners subject to its regulations. CSOF, ¶¶ 7-9.