The Hawaii Supreme Court has issued an opinion that is very good for property owners and anyone who must use the administrative appeals process. [Disclosure: we represent the prevailing Petitioner in this case.]
In Kellberg v. Yuen, No. SCWC-12-0000266 (Jan. 22, 2014), the unanimous court, in a detailed opinion by Justice Pollack, held that…
Our Latin cousins warned us long ago homo sapiens non urinat in ventum (“a wise man does not pee into the wind”) but such wisdom doesn’t prevent us from trying at times to buck the conventional thinking. Because sometimes, you don’t know which way the wind is blowing until you go outside and actually feel…
Next week, we’ll be in New Orleans for the 2014 edition of the ALI-CLE Eminent Domain program, now in its 31st year.
As usual, my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs) have put together a fantastic 2.5 day of programming, taught by expert faculty. At 11:00 a.m. on…
In Powell v. County of Humboldt, No. A137238 (Jan. 16, 2014), the California Court of Appeal held the County’s demand that landowners who sought an after-the-fact building permit for a carport and porch for their mobile home dedicate an overflight easement for the nearby Eureka airport did not run afoul of Nollan–Dolan…
Update: More thoughts here, after having heard the argument recording, available here:
Here’s the transcript from today’s oral arguments in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173. That’s the case in which the Court is considering the meaning of the term railroad “right of way” as used in an…
Tomorrow, Tuesday, January 14, 2014, the U.S. Supreme Court will hear arguments in Marvin M. Brandt Revocable Trust v. United States, No. No. 12-1173. That’s the case in which the Court is considering the meaning of the term railroad “right of way” as used in an 1875 federal statute.
As our amici brief argues, if…
Here are the written materials from today’s HSBA Appellate Section presentation on administrative law and appeals in Hawaii courts.
A video of the presentation is posted above — it may be a bit dark, but no matter: all you really need is the sound, anyway. Listen to the audio-only session here:
If there’s one thing that keeps appellate lawyers up at night, it’s jurisdictional questions. Too late and you’re toast: failing to appeal within the short appellate time frames are usually fatal to your case. Although there’s usually no harm in an early filing, it can be awkward when you’ve teed up a case only to…
At the Hawaii Agriculture Law Conference which we just wrapped last week, perhaps the hottest topic on the agenda was the anti-GMO ordinances recently adopted by the Counties of Hawaii (Big Island) and Kauai.
Barista’s note: One advantage of having POTUS in town for a couple of weeks was that it resulted in a…
Last month, we posted a decision about nonconforming uses, White v. City of Elk River, No. A12-0681 (Minn. Dec. 4, 2013), and want to follow up by posting a good summary of the issues, as well as the amicus brief that was filed in the case in support of the property owner.
Start here…
