The Honolulu Star-Bulletin reports an interesting AP story from Washington state, “A good fence makes … trouble,” about property owners whose fence on their own property has been threatened by an obscure federal agency:
Herbert and Shirley-Ann Leu were thinking landscaping, not politics,when they built an 85-foot-long concrete wall in their back yard.…
The Honolulu Star-Bulletin has posted a story on the recent Hawaii Supreme Court decision in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), entitled “Rocker’s plans for Kauai home blocked.” According to the story, it turns out the decision in Brescia also impacts a neighboring property belonging to the lead singer of the…
An article about the aftermath of Kelo by two fellows from the Institute for Justice points out recent data from the U.S. Census Bureau that shows that seems to bear out the Kelo dissenters’ warning that the power of eminent domain is disproportionately laid on the minorities, lower-income, and the less-educated:
According to the data, …
More on the Supreme Court of Hawaii opinion in Brescia v. North Shore Ohana (No. 27211, July 12, 2007). The Court took up no less than seven points on appeal, but the most interesting to me was the analysis of the estoppel issue.
The case involved Kauai property within the coastal “Special Management Area.” The…
Hawaii Business has posted an interesting article that’s worth a read: “The Line in the Sand.” Subtitled “How Maui Land & Pine and its eco-icon David Cole became the target for community outrage,” the article is a good insider’s look at the interplay between the various parties in Maui’s (and Hawaii’s)
Two stories in today’s Honolulu papers, “Wal-Mart fights Kauai ban on ‘big-box’ stores,” “Wal-Mart says it will fight for Kauai expansion,” contain all the buzzwords indicating a vested rights and zoning estoppel dispute may be on the horizon. The Advertiser writes:
A recent Kaua’i County ban on new “big-box” stores shouldn’t …
The Hawaii Supreme Court has issued an opinion in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), a case discussing shoreline setbacks, due process, and vested rights. I haven’t had a chance to read the majority opinion authored by Justice Acoba, or the concurring opinion by Justice Levinson, but will post more after…
The Advertiser has published my commentary on Wilkie, the decision from the Supreme Court denying a comprehensive remedy for violation of property rights by federal officials.
Little-Noticed Decision Erodes Property Rights
Imagine this: You own land, and federal officials ask you to allow the public to cross over it, but they don’t offer you…
In a decision out of Ohio, the US Court of Appeals for the Sixth Circuit, held in Pagan v. Fruchey, No. 04-4414 (6th Cir. June 29, 2007) that the First Amendment prohibits the government from outlawing a “for sale” sign on cars parked on a public street.
After he was threatened with a ticket…
I’m honored: Honolulu Magazine has come out with its “Best Lawyers” edition, and has seen fit to include me and several of my Damon Key colleagues on the list of The Best Lawyers in Hawaii. I’m in the category “Eminent Domain and Condemnation Law.” More here.
