In Citizens Against Reckless Development v. Zoning Bd. of Appeals of the City and County of Honolulu (No. 27264, May 31, 2007), the Hawaii Supreme Court clarified the administrative procedures to be used in third-party challenges to the issuance of a Conditional Use Permit (CUP). I haven’t had a chance to digest the opinion in
▪ Upholding The Right to Exclude: Rare Judicial Smackdown of California Coastal Commission
Hat tip to May it Please the Court for alerting us to a recent decision by the Second District Court of Appeals in California, LT-WR, L.L.C. v. California Coastal Comm’n (No. B187666, May 25, 2007).
In that case, the CCC denied a property owner’s request for a permit to allow it to maintain a fence
▪ Cert Grant in Inverse Condemnation Case – Are Statutes of Limitations Jurisdictional?
The US Supreme Court today granted review to an inverse condemnation case against the US government. The issue in John R. Sand & Gravel Co. v. United States,is whether the Tucker Act’s six-year statute of limitations is ajurisdictional bar to an inverse condemnation claim. Apparently, thegovernment on appeal did not assert that the claims
▪ Hawaii Land Use Roundup
Last week was a busy one — quite a few local stories about land use and property law. Here’s a rundown:
- “It’s a tale of 2 ridges – and 17,500 homes” — The Advertiser reports on, and contrasts, two large-scale residential projects in Central Oahu. One of the projects, Koa Ridge, resulted in
▪ Honolulu’s Rail Project: Podcast of Hawaii Public Radio Program (mp3)
ThinkTech Hawaii, Jay Fidell’s Hawaii Public Radio program on FM89.3 KIPO, has posted both the show (20mb mp3) and the aftershow podcast (13mb mp3) of yesterday’s “Honolulu’s Fixed Guideways – How Will The Surrounding Areas be Developed.” I was a guest along with UH Law Professor David Callies, and Honolulu attorney and developer
▪ Tune In, Turn On: KIPO FM89.3 Wed., May 23 @ 5pm HST
A heads up: from 5 – 6 pm on Wednesday, May 23, I will be a guest on Jay Fidell’s ThinkTech Hawaii program on Hawaii Public Radio, KIPO.
The topic? “Oahu’s Light Rail – How Will the Surrounding Areas be Developed.” KIPO can be tuned in at FM89.3, or streaming audio is available here.
▪ More on Kauai Springs Zoning Permit Injunction
▪ Preliminary Injunction in Kauai Zoning Permit Case
A story from today’s Garden Island News, about the Kauai Springs case, reporting that the circuit court has granted the company’s request for a preliminary injunction, preventing the County from putting Kauai Springs out of business while the appeal is being considered.
The case is the appeal by Kauai’s only bottled water company of
▪ More on Kauai Zoning Permit Case
The Star-Bulletin also reports on the Kauai Springs litigation, a case challenging the Kauai Planning Department’s denial of a request to use land zoned “Agriculture” on grounds wholly outside its authority or jurisdiction:
The lawyer for Kauai Springs, however, said that water is a food like any other agricultural product and that closing down an
▪ Kauai Zoning Permit Case Reported
Kauai’s newspaper, in a story entitled “Kauai Springs operating for now,” reports on a case:
“We’re in a holding pattern,” said Robert Thomas, an attorney with Damon Key Leong Kupchak Hastert representing Kaua‘i Springs.
In March, Kaua‘i Springs appealed the Planning Commission’s decision to deny its request for a use permit, special permit