Land use law

Yesterday’s Honolulu Star-Bulletin ran an editorial “Access to Oahu’s shoreline is being blocked little by little,” spurred by a brewing controversy regarding access to public beaches across private property in Kailua.  The editorial calls for political leaders to make access to public beaches “a priority,” by establishing an “enforceable policy” to promote access:…

The merits brief of the United States in John R. Sand & Gravel Co. v. United States, No. 06-1164 has been posted here.  Docket listing here. 

The case involves an inverse condemnation claim against the federal government under the Tucker Act.  Apparently, thegovernment in the Court of Federal Claims did not raise…

Thanks to Mark Murakami for pointing out an article in today’s NY Times, “Once Reluctant, Retailers Now Rush to Hawaii,” about the growing presence of national stores such as Wal-Mart, Home Depot, Whole Foods, and Walgreens:

For years, large mainland-based retailers tended to steer clear of the islands that make up the state…

The U.S. Court of Appeals for the Second Circuit in New York heard oral arguments in Goldstein v. Pataki, an appeal challenging the “Atlantic Yards” redevelopment in Brooklyn. At issue in the appeal is whether the plaintiffs had properly alleged that the effort to take their property by eminent domain was for a private…

Thanks to my colleague Mark Murakami, I’ve found the Hawaii Land Use Law blog by Jesse Souki.  Topics he is covering include affordable housing, CLERCA, Endangered Species Act, NEPA/SEPA, planning, subdivision, and zoning.

I’m glad to see another Hawaii law blogger, especially in the land use area.  Let’s welcome another voice on this important…

Out of the most insignificant situations can come the most significant legal decisions. 

It is being reported that the government has asked SCOTUS to review the Sixth Circuit decision in Pagan v. Fruchey,No. 04-4414 (6th Cir. June 29, 2007), which held that the First Amendment prohibitsthe government from outlawing a “for sale” sign on…

The US Supreme Court has denied review to MiPro Homes, L.L.C. v. Mount Laurel Township (No. 06-1345) (docket listing here).  The question the Court was asked to review was:

Whetherthe Takings Clause of the Fifth Amendment to the Constitution prohibitsa municipality from taking private property for “public use” when themunicipality’s public use determination is…

When does a person or organization have enough legal interest in an issue such that it can be a plaintiff in lawsuit?  Are there any systematic checks in place to keep the courts from being co-opted for political ends?  These were key issues raised by the Hawaii Supreme Court’s opinion in the “Hawaii Superferry EIS case,” Sierra Club v. State of Hawaii Dep’t of Trans., No. 27407 (Aug. 31, 2007).  This post looks at the procedural issue of “standing,” an issue that took up a majority of the court’s 104-page opinion. 

An earlier post focuses on the substantive issue of whether the State DOT erred when it determined that improvements to Maui’sKahului Harbor necessary to the Superferry’s Maui operation were within the categorical administrative exemptions tothe Hawaii Environmental Policy Act, Haw. Rev. Stat. ch. 343,and therefore no Environmental Assessment was necessary.Continue Reading ▪ Superferry EIS Case Summary pt. II: Throwing Open The Barn Door After the Horses Have Been Let Out

The Maui Vacation Rental Association has sued the County of Maui, the county Planning Director, and the Department of Planning in federal court in Honolulu for constitutional and other violations, seeking declaratory and injunctive relief.  The complaint summarizes the claims:

This is an action for injunctive and declaratory relief against defendants, and each of them…

You can read the court’s Findings of Fact, Conclusions of Law, and Order here.

I won’t be commenting on this decision since my colleagues Ken Kupchak, Mark Murakami and I are the attorneys for the property owner, but the statement of the family that owns the land is below.

# # # #

Circuit…