Briefs in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext

Here are the filed briefs in County of Hawaii v. Richards,No.28882, the consolidated appeal from two eminent domain lawsuitsfiled by the County in 2000 and 2005.  The filed briefs are here:

• Opening Brief

• Answering Brief of the County of Hawaii 

• Reply Brief

The issues in the case include:

• application of Haw. Rev. Stat. § 101-27(1993), the statute that provides that the government must make aproperty owner whole and pay damages when an attempt to take propertyby eminent domain is discontinued or dismissed

• whether the government may concurrently prosecute more than one condemnation lawsuit at the same time

• the standards for demonstrating that the government’s claim of public use is pretext to hide private benefit