Here is the final brief (the Plaintiffs’ reply to the Chief Election Officer and Reapportionment Commission’s Memorandum in Opposition to the Plaintiffs’ Motion for Preliminary Injunction) in the federal court lawsuit challenging Hawaii’s use of “permanent resident” as its reapportionment population basis. Kostick v. Nago, No. 12-00184 (complaint filed Apr. 6, 2012).
State’s Brief In Hawaii Reapportionment Case: Military Stationed In Hawaii Are “Transients”
The Hawaii Chief Election Officer and the Reapportionment Commission have filed their Memorandum in Opposition to the Plaintiffs’ Motion for Preliminary Injunction in the federal court lawsuit challenging Hawaii’s use of “permanent resident” as its reapportionment population basis. Kostick v. Nago, No. 12-00184 (complaint filed Apr. 6, 2012).
The U.S. Census includes everyone
Motion For Preliminary Injunction: Hawaii Legislative Reapportionment Must Include All Residents, And Cannot “Extract” Military, Military Families
Here’s the motion for preliminary injunction we filed yesterday in the federal lawsuit challenging Hawaii’s exclusion of military personnel, their families, and university students who do not pay resident tuition, from the population count when reapportioning the state legislature.
The U.S. Census includes everyone who is a “usual resident” of Hawaii in its count of
11th Cir: Property Owners Should Use Self-Help To Evict Private Beach Trespassers (Because Florida Self-Help Laws Always Work Out So Well)
In a per curiam unpublished decision, the U.S. Court of Appeals for the 11th Circuit affirmed the district court’s dismissal in Crystal Dunes Owners Ass’n v. City of Destin, No. 2011-14595 (Apr. 17, 2012) (per curiam opinion here, or below).
The plaintiffs own a strip of private beach in Destin, Florida. If the
Star-Advertiser: “Census should guide election boundaries”
The editorial in today’s Honolulu Star-Advertiser writes:
The state Supreme Court’s ruling in January that determined how boundary lines should be drawn for this year’s election in August made scant reference to the agency created primarily for that purpose: the U.S. Census Bureau. That is why a lawsuit in federal court should result in the
Court: State Land Use Commission Exceeded Its Authority, Violated Developers’ Due Process And Equal Protection Rights
We’ve been meaning to post the latest developments in a case we’ve been following, two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other an administrative appeal (that’s a writ of administrative mandate for you Californians) against the State of Hawaii Land
Latest In Federal Court Reapportionment Case
Here’s the latest in the federal court reapportionment lawsuit, filed last week (we represent the plaintiffs). Above is the audio archive of my appearance yesterday morning on KHVH’s Rick Hamada Program. KITV also aired this report on the case. Posted below is the District Court order granting the request for a three-judge district court.
Federal Court Lawsuit: Hawaii Legislative Reapportionment Cannot Exclude Military, Military Families
It may be Good Friday (an official State Holiday in Hawaii), but the federal courts are open, and today, on behalf of six plaintiffs including several veterans, we filed a lawsuit challenging under the Equal Protection Clause the State of Hawaii’s practice of excluding military personnel, their families, and university students who pay nonresident
What We Say To Courts
What owners of rent-controlled mobile home parks say to courts: “Unfair! Due Process! Rate-of-Return! Takings! Equal Protection!”
What courts hear: “blah blah DENIED blah blah blah DISMISSED blah blah blah AFFIRMED blah blah blah blah…”
Latest example: Besaro Mobile Home Park, LLC v. City of Fremont, No. A130753 (Mar. 1, 2012).
9th Cir: No Vested Rights Taken By Oregon’s Measure 49
We’ve been watching Bowers v. Whitman, No. 10-24966 (Jan. 12, 2012), the case which challenged Oregon’s Measure 49, the statute adopted by initiative that replaced and modified the earlier Measure 37. Measure 37, for those not aware, was the initiative measure by which Oregon voters required the state to compensate owners whose private property