The Hawaii Supreme Court has issued a lengthy opinion in a case we’ve been following, DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014).
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights…
The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, No. SCAP-13-0002408 (Oct. 30, 2014), holding that there’s not really such thing as a “cross appeal” in administratve appeals (at least in the sense that “cross appeal” is usually used in appellate procedure).
Quick facts:…
We get to post the California Raisins again!
Last term, in Horne v. U.S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), the U.S. Supreme Court unanimously held that a property owner could raise a takings claim as a defense to the government’s attempt to impose a fine pursuant to a complex federal regulatory…
A couple of years ago, we posted the complaint (actually, a petition for mandate) alleging a big regulatory takings claim against the County of San Luis Obispo based on the County’s denial of a permit to drill for oil. A very big claim. $6.24 billion big. See “Wow, That’s A Lot of Just Compensation…
No, it’s not Pearl Harbor. But from some of the reactions we’re seeing, you might think the Imperial Japanese Navy was once again anchored off of our fair shores.
But thankfully no, it’s only aerial advertising, one small airplane towing a sign. But the airplane’s sorties have been generating attention like you wouldn’t believe. …
There’s still time to register for one or more upcoming CLE programs sponsored by the ABA Section of State and Local Government Law:
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The high mountains of Hawaii, with their altitude and clear air, are some of the best places in the entire planet to build the telescopes which allow us to look beyond our world into deep space. But given that it seems that every development in Hawaii is subject to attack — even those you believed…
It’s been our experience that when a court of appeals — particularly when it’s the Ninth Circuit, and it’s the eve of oral argument — raises an issue on its own after the briefs have been filed and requests supplemental briefing, then whatever that issue is must really be on the judges’ minds. They’re the cream…
A few months ago, we commented on the proposed “environmental court,” a bill working its way through the Hawaii legislature. We called it a bad idea, and hoped the Lawgivers would see the light and let this idea fade away.
It looks like we were unjustifiably optimistic, and both houses have now passed the bill…
The Hawaii Constitution requires that a member of the state House of Representatives be a “qualified voter” of the district she or he represents. In Hussey v. Say, No. CAAP-13-0002255 (Apr. 24, 2014), the Hawaii Intermediate Court of Appeals analyzed how someone who asserts that the representative from District A is in actuality a …
