December 2015

2010-03-24 15.25.46

More from our end-of-year clearing of the opinion hopper.

Winston Churchill reportedly said, “Never give in–never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”

Well, the

Barista’s note: last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002266, holding that the State Land Use Commission was not prohibited from adopting a boundary amendment (akin to a rezoning under Hawaii’s state-heavy land classification scheme) while the process for designating Important

Here’s one that combines two of our practice areas, election and admin law. Land users should also pay attention because admin law issues frequently arise there, also. 

In Green Party of Hawaii v. Nago, No. CAAP-14-0001313 (Dec. 18, 2015), the Hawaii Intermediate Court of Appeals concluded that certain practices by the State Office of

Lawprofs and other academics will tell you that nuisance law is about “negative externalities” and the like, but to us, it has always been about the smell.

Especially when it comes to nuisance claims about farms and ranches. Excessive noise, dust, weird hours. No question, those can be disturbing to neighbors and the public, but

Here’s one in a land use case we’ve been following, both because it is a huge issue and because our partners Greg Kugle and Matt Evans represent the prevailing land owner.  

All Hawaii land users need to read this, a 4-1 decision (Justice McKenna writing for the majority, with Justice Pollack in in dissent

Back to the Hawaiian-only election. Here’s an interview from ThinkTech Hawaii which asks “Is Nai Aupuni Sponsored by the State Government?

The interview is conducted by the plaintiff in the Akina v. Hawaii case, and the interviewees are one of the lawyers for the plaintiffs, Michael Lilly, and the other is U.

When we hear the word “trona,” we think of Trona, California, a hardscrabble San Bernardino County town near Death Valley.

We just thought we’d get that out of the way, because today’s case from the Federal Circuit, Barlow & Haun, Inc. v. United States, No. 15-5028 (Oct. 9, 2015), doesn’t involve