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December 17, 2008

More Superferry Round 2 Briefs

Just in case you wanted even more to read tonight before tomorrow's Hawaii Supreme Court oral arguments in the Hawaii Superferry appeal redux, posted below is a nearly complete set of briefs. Some are upwards of 2 MB, so you -- and your internet service provider -- have been duly warned.

Believe it or not, this is not a complete set of briefs (it's somewhat ironic that "environmental litigation" can kill so many trees), but only those that seemed to us likely to be of interest when we scanned the files at the Clerk's office. The case involves three major parties (Sierra Club, State of Hawaii Department of Transportation, and the Hawaii Superferry) and there are not only appeals, but cross-appeals, so yes, there are other briefs not included here.

For the Court's summary of the issues in the case, go here. For a summary of what goes on in appellate oral arguments, go here.

Reminder: we will be live blogging the oral arguments, starting at about 8:45 a.m. tomorrow.  Point your web browser to this page.  If you are in the Supreme Court courtroom tomorrow and see the guy in the back row typing furiously and silently cursing Verizon's EVDO service, that's me; stop by and say hello.

Briefs on the "Act 2 issue"

  • (Hawaii Superferry filed an Answering Brief, which "incorporates by reference the arguments set forth in the State's Answering Brief, filed August 18, 2008.")

Briefs on the attorney's fees issue

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  • devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law

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    Along with my Damon Key colleague Christi-Anne Kudo Chock, I was on the faculty of Integrating Water Law and Land Use Planning in Hawaii in Honolulu. Materials and links from my session on "Water Rights, Property Rights, and the Law of Settled Expectations" here

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