2011

U. Hawaii law student Stewart A. Yerton has published a comment in the most recent issue of the Asian-Pacific Law and Policy Journal, “Procedural Standing and the Hawaii Superferry Decision” How a Surfer, a Paddler, and an Orchid Farmer Aligned Hawaii’s Standing Doctrine with Federal Principles.”

From the Introduction:

This paper will

Check this out. The Hawaii Legislature is considering a bill requiring the State and the counties to take private roads, waterways, and water courses “upon request” of an adjacent landowner:

(a) Upon request by the owner of land adjacent to a privately owned highway, waterway, or watercourse, the State shall initiate condemnation proceedings for a

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Hat tip: the Clancy Brothers‘ “They’re Moving Father’s Grave to Build a Sewer” (via Gideon Kanner). As we noted in our earlier post, life has imitated art: Chicago is seeking to take cemetery and move the graves in order to expand O’Hare airport.

As reported here (“High court ducks battle between

In Cobb v. City of Stockton, No. C062328 (Jan. 26, 2011), the California Court of Appeal (3d District) concluded that the property owner’s claim for inverse condemnation for a physical invasion of his property was not barred by California’s five-year statute of limitations, even though the City took possession nine years earlier.

In 1998

Update: Rebecca Copeland has posted a short summary of Justice Alito’s remarks on her Record on Appeal blog here.

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Justice_Alito_Justice_Acoba Join us later today at 4:30 p.m. HST (6:30 p.m. PST, 9:30 p.m. EST) for the live blog of U.S. Supreme Court Associate Justice Samuel Alito’s remarks to the Hawaii Bar, “Top Things

Just received this email.

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To members of the HSBA:

Governor Neil Abercrombie has announced today his first judicial nomination, subject to Senate confirmation:

Sabrina Shizue McKenna as Associate Justice on the Hawai‘i Supreme Court.

Comments on this nominee are sought in order to allow the HSBA Board to provide an informed recommendation to the Senate

Regulatingparadise For those of you who do not yet have your copy of University of Hawaii lawprof David L. Callies‘ recent book Regulating Paradise – Land Use Controls In Hawaii, here’s your chance to get it signed by the author himself.

This Saturday, January 29, 2011 from 2:00 to 3:00 p.m., Professor Callies will

As noted by my blogging colleagues, U.S. Supreme Court Associate Justice Samuel Alito is  coming to Honolulu next week to participate in the U.H. Law School’s “jurist in residence” program, and to address the Bar. (Mark Murakami summarized several of Justice Alito’s more important opinions here, and Tred Eyerly summarizes his opinions

As we noted in this post, last week the Hawaii Intermediate Court of Appeals heard arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City’s enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit claiming that a homeowner is renting her property in violation of the City’s prohibition on rentals of less than thirty days.

We didn’t live blog the argument or analyze the issues because our firm represents one of the appellees (my Damon Key partner Gregory Kugle argued the case).

Here’s the streaming audio:  

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Or you can download it here (caution, it’s a 85mb mp3).

Well worth a listen.
Continue Reading Oral Argument Recording In HAWICA Case: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?