As noted in this post, the Supreme Court of Hawaii has scheduled oral arguments in the consolidated appeal from two eminent domain lawsuitsfiled by the County of Hawaii in 2000 and 2005. Today’s West Hawaii Today has this story about the arguments.
More on Kauai Springs Zoning Permit Appeal Victory
From today’s Honolulu Star-Bulletin: Judge approves company’s permits
Victory in Kauai Springs Zoning Permit Appeal
Yesterday, the Kauai circuit court granted a permanent injunction, and ordered that Kauai Springs‘s applications for three zoning permits should not have been denied by the Kauai Planning Commission in January 2007. The case is an appeal from an agency decision under the HawaiiAdministrative Procedures Act (a procedure known in other jurisdictionsas a petition
Oral Argument Scheduled in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext
The Supreme Court of Hawaii has scheduled oral arguments in County of Hawaii v. Richards,No. 28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005. The issues in the case include:
- application of Haw. Rev. Stat. § 101-27(1993), the statute that provides that the government must make
Washington Supreme Court: Growth Board Can’t Grow Its Powers
How much growth is “too much,” and who gets to make that decision under Washington law? In Thurston County v. Western Washington Growth Management Hearings Board, No. 80115-1 (Aug. 14, 2008), the Washington Supreme Court issued an interesting — but highly technical — ruling on the issue that provides some insight into the issue.
Additional Amicus Briefs in Navy Sonar Case
Three more amicus briefs have been filed in the U.S. Supreme Court case about the Navy’s use of mid-frequency active (MFA) sonar in training exercises off the California coast, Winter v. Natural Resources Defense Council, Inc., No. 07-1239.
Zoning Inspectors Need A Warrant
An interesting Sixth Circuit case summarized on Law of the Land by Professor Patty Salkin, Jacob v. Township of West Bloomfield, 531 F.3d 385 (6th Cir. July 3, 2008), which held that zoning inspectors are required by the Fourth Amendment’s search and seizure clause must obtain a warrant if the zoning ordinance they are
Admirals’ Amicus Brief in SCOTUS Navy Sonar Case
On August 14, we filed a brief amicus curiae in the case now pending in the U.S. Supreme Court about the Navy’s use of mid-frequency active (MFA) sonar in training exercises off the California coast, Winter v. Natural Resources Defense Council, Inc., No. 07-1239.
In that case, environmental groups challenged the use of
Three Times The Pain, And Your Own Self To Blame*
So the federal government tells you that the device you are making is not a “machine gun” and you go ahead and start to manufacture them. Times change, though, and three years later “upon further review” (as they say in the NFL), the government tells you that the device is is an illegal “machine gun”
Coastal Land Use Law Seminar
There is still time to sign up to attend an upcoming seminar, Coastal Engineering and Land Use Issues, in Honolulu. It’s being held on Thursday, August 14, 2008, at at Hilton Waikiki Prince Kuhio Hotel. My colleagues and fellow law bloggers Mark Murakami and Jesse Souki are among the faculty. Topics on the agenda