“In a democracy, the people get the government they deserve” states the old dictum. That pretty much sums up one response to The Wall Street Journal story This Side of Paradise about the “Ohana Kauai” property tax charter amendment case. A WSJ reader proposes: “It’s Simple: Vote Them Out.”
The need to…
In “How Eminent Should Domain Be?,” the NY Times writes about an official in a Westchester County town who understands the connection between property rights and constitutional rights, especially in the involuntary taking of property by the government:
The United States Supreme Court ruled in 2005 that a governmentcould use eminent domain to…
Over at his blog Raising Islands, recently-retired Honolulu Advertiser environmental reporter Jan TenBruggencate posts his analysis of the Hawaii Supreme Court opinion in the Hawaii Superferry EIS case. Worth a read.
The Wall Street Journal (Sep. 1, 2007)
This Side of Paradise
By MALIA ZIMMERMAN
September 1, 2007; Page A6
KAUAI, Hawaii — The island of Kauai has long been a magnet for visitors from the mainland as well as the main island. With white sand beaches and turquoise blue water, the island on the northern…
A recent editorial in the Pittsburgh Tribune-Review, “Fighting Goliath,” has been brought to our attention:
Every once in a great while, government, as a land-grabbing Goliath,gets thumped by the most diminutive David, especially when the formerfails to follow its own policies.
That may cost Philadelphia $497,230 in damages, plus the plaintiffs’ legal fees.…
The Wall Street Journal posts “This Side of Paradise,” about the “Ohana Kauai” property tax Charter Amendment case, County of Kauai ex rel. Nakazawa v. Baptiste, No. 27351 (Aug. 6, 2007).
Inthat 3-2 decision, the Hawaii Supreme Court over a vociferous dissent,held that friendly government officials have standing to manufacturelawsuits against…
Nineteen months after the briefing was completed, but only several days before the Superferry was scheduled to commence operation, the Hawaii Supreme Court issued a unanimous order, holding that the State’s decision to exempt the improvements to Kahului Harbor necessary for the Superferry’s operation from an environmental assessment was erroneous. The Order noted that…
Now, the tight connection between public use and zoning issues becomesclear. Any local government that uses heavy zoning restrictions courtspublic use fiascos down…
The Maui News reports that Maui’s “workforce housing” ordinance has been challenged:
Lawyers for a Canadian condominium developer, who is seeking to buildtwo multiunit projects in the Kamaole area, are seeking a court orderto block the county from implementing the law that the developer saysis defective.
The lawsuit alleges the housing policy adopted by the
…
Here are the briefs of the parties in the “Hawaii Superferry EIS” appeal, decided by the Supreme Court of Hawaii last week. These should clear up any questions about what the litigation is about, and what the parties argued.
Opening Brief of Plaintiffs-Appellants [Sierra Club, Maui Tomorrow, Kahului Harbor Coalition] (filed Oct. 21,
…
