Last week, we were on the Rick Hamada program on KHVH-AM, summing up the recent Hawaii Supreme Court oral arguments in Kaleikini v. Yoshioka, No. SCAP-11-0000611, the appeal asking whether archaeological review must be completed for the entire 20-mile length of the Honolulu rail project, or whether it can be done on a “phased”
Land use law
9th Circuit: Hawaii’s Regulation Of Commercial Beach Weddings Does Not Violate First Amendment, Except…
This just in: the Ninth Circuit has issued an opinion in Kaahumanu v. State of Hawaii Dep’t of Land and Natural Resources, No. 10-15645 (June 6, 2012), the case challenging the State’s regulation of commercial weddings on state beaches under the First Amendment. The court mostly upheld the regulations, but struck down the…
HAWSCT Oral Arguments: The Next Big Hawaii Water Case
Watch this case: it is likely to be a landmark in Hawaii water law.
Hawaii water law cases tend to be vast adventures in history, culture, irreconcilable arguments, and oddball doctrines (e.g., appurtenant water rights are keyed to the amount of taro under cultivation at the time of the 1848 Mahele), and the…
Does Appellate Oral Argument Matter? You Bet
By Robert H. Thomas on
It’s a frequent question: does appellate oral argument really matter?
We’ve always harbored the belief that it does in some cases, and if you have any doubts, look no further than today’s Ninth Circuit opinion in Nordyke v. King, No. 07-15763 (June 1, 2012), where the en banc court essentially concluded that the…
Amicus Brief: Federal Takings Claims And State Law Claims … Ehh, What’s The Difference?
We couldn’t post much last week due to a pressing engagement on Friday before a three-judge federal district court (the case challenging Hawaii’s latest state reapportionment plan on Equal Protection grounds in which we represent the plaintiffs — more here). But the court took the matter under submission, so while we are awaiting a…
Fifth Circuit: Williamson County Ripeness Does Not Bar Due Process Claim In Federal Court
Update: the latest in the latest Williamson County-related cert petition here.
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If you tried to explain the practical results of Williamson County‘s ripeness requirements to someone not familiar in the last 30 years of regulatory takings jurisprudence, they would probably think you were joking.
As we’ve explained many times, under Williamson…
HAWSCT Continues To Grapple With What Qualifies As “A Constitutionally Protected Customary Or Traditional Native Hawaiian Practice”
By Robert H. Thomas on
Posted in Land use law
Update: Ben Lowenthal provides his analysis of the opinions here.
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The Hawaii Constitution gives Native Hawaiians — those who can trace their ancestry to inhabitants of Hawaii prior to western contact — a privilege to engage in “customary or traditional practices” that, in some cases, immunizes them when others who lack that one…
Honolulu Eminent Domain Seminar – May 12, 2012
By Robert H. Thomas on
There is still time to register for the Eminent Domain & Land Use in Hawaii seminar, to be held this Thursday, May 12, 2012, in downtown Honolulu. Along with James Mee, I am leading the session “Eminent Domain Update” in which we will talk about the latest in public use issues from the U.S.
Court: State Land Use Commission Exceeded Its Authority, Violated Developers’ Due Process And Equal Protection Rights
By Robert H. Thomas on
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…
Conference Day For New York Rent Control Challenge
Most likely, by the time you read this, the Supreme Court will have decided whether to grant cert in Harmon v. Kimmel, No. 11-496 (cert. petition filed Oct. 17, 2011), the case challenging New York City’s residential rent control law as a taking, among other things. Today, you see, is the day the Court…