Today, we filed the Reply Brief in DeJetley v. Kahoohalahala, No. 29929, the appeal now pending in the Hawaii Supreme Court regarding the Lanai member of the Maui Council who is alleged to not be a resident of Lanai as required by the county charter.
Section 3-3 of the Charterprovides that “If a council…
According to this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners’ petition (available here), and will review the unpublished decision by the Appellate Division in Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam).
This is the decision the New Jersey Law Journal labeled “A…
Here’s what we’ve been reading today:
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Today, my Damon Key colleagues Ken Kupchak, Mark Murakami, Matt Evans and I filed the Opening Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship, two condemnation cases arising out of the County of Hawaii’s attempts to take a Kona family’s property. This brief addresses several…
The judiciary web site has posted the recording of the November 10, 2009 Intermediate Court of Appeals oral arguments in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (HAWICA) here (caution, it is a massive 88 MB mp3 file).
The issue in the case is whether the state, or littoral landowners…
In July 2009, the Florida Supreme Court issued an opinion in System Components Corp. v. Florida Dep’t of Transportation,No. SC08-1507, which resolved resolved aconflict in the lower Florida courts regarding the application ofbusiness damages in a condemnation case under Florida Statutes § 73.071(3)(b).The court held that a business is not required to relocate…
The property owners have filed their Reply Brief in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case about “judicial takings” and the rights of littoral owners to accretion.
Oral arguments in the Supreme Court are set for December 2, 2009.
More about…
Here’s the Answering Brief filed by a Maui Councilmember in the case in which Lanai residents and voters assert he forfeited the Lanai seat on the Maui County Council under section 3-3 of the Maui Charter since he is not a resident of Lanai.
Section 3-3 of the Charterprovides that “If a council member…ceases to…
The Hawaii Supreme Court and Intermediate Court of Appeals will be hearing two appeals of note:
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Mark your calendars for Wednesday, November 18, 2009, from 2:00 – 3:00 p.m. (Eastern Standard Time). That’s when we will be having the next “recent developments” conference call for members of the Condemnation Law Committee (ABA Section of State & Local Government Law). It’s free, but open only to Section members. Members should receive an…
