Administrative law

Keepout

What better way to bid farewell to 2017 than with a whopper case from the Hawaii Supreme Court? And we’re not exaggerating — this one is really big.  

Now you might think that given the amount of time this blog devotes to property interests and property rights, we’d be downright tickled when our home court

The facts in Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121 (Dec. 20, 2017), are not all that complex and the result is pretty straightforward: the complaint did not show on its face when the plaintiff had knowledge that new rules caused an existing utility easement to expand in size, and

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Check your mailboxes, the latest edition of the University of Hawaii Law Review is there or is coming. Got ours yesterday. This is the issue with the articles from the symposium (including ours on the ridesharing takings cases) on legal issues in the “sharing economy.”

Remember back from Admin Law the notion of a “quasi-judicial” proceeding? That term always has bugged us, because, you know, it was used when an agency was sorta acting like a court (but also was sorta acting like a legislative body). Half full, half empty, take your pick. 

The fact pattern presented in the Florida

Our colleague Rebecca Copeland has posted a preview and the briefs in an election law case we’re arguing next week in the Hawaii Supreme Court. SeeWrit to Watch: Hyland v. Gonzales.” We’ve written about the case earlier here and here

The question for the court’s review is whether an appeal in

HSBA 2017 Land Use Conference

Registration is now open for the 2017 Hawaii Land Use Conference, presented by the Hawaii State Bar Association and the University of Hawaii Law School, at the downtown Honolulu YWCA’s Fuller Hall on January 19-20, 2017. “This 2 day conference is a must attend for any attorney or professional whose practice involves land use

One for you land users. We’re not going to analyze the Hawaii Intermediate Court of Appeals’ published opinion in Robert D. Ferris Trust v. Planning Comm’n of the County of Kauai, No. CAAP-15-0000581 (Aug. 9, 2016) in too much detail, because our Damon Key colleagues Greg Kugle and Chris Leong represent the prevailing appellant.

The issue resolved by the Minnesota Supreme Court in Zweber v. Credit River Township, No. A14-0893 (July 27, 2016) was one that land use lawyers deal with constantly: when an administrative agency is alleged to have violated someone’s constitutional rights, what procedural route must the legal challenge take — is the plaintiff required to

Like many high-profile cases, the legal challenge to the actions of the State Office of Elections tracks two threads. On one hand, the Office’s travails are well known and frequently reported. The public understands only too well the difficulties the Office encountered when it failed to print enough ballots, and had other problems in recent