Update: the briefs are posted here.
In a case we’ve been following involving the Koa Ridge Makai residential housing project on Oahu, the Hawaii Supreme Court yesterday issued an order accepting the Sierra Club’s application for a writ of certiorari in Sierra Club v. Castle & Cooke Homes Hawaii, Inc., No. SCWC-11-0000625.
In
In 2009, in the “Superferry” case, the Hawaii Supreme Court, after years of hinting (but not finding a suitable vehicle), formally adopted the “private attorney general’ doctrine allowing attorneys’ fee shifting in certain select circumstances. See Sierra Club v. Dep’t of Transp., 202 P.3d 1226 (Haw. 2009). Under that doctrine, a court evaluating a
There have been five amicus briefs filed supporting the Water Management District’s arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Supreme Court is considering whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only
It’s time for the annual ALI-CLE (fka ALI-ABA) eminent domain conferences, to be held January 24-26, 2013 in Miami Beach, Florida.
In the “advanced” course, Eminent Domain and Land Valuation Litigation, we’ll be covering topics such as “Condemning Underwater Mortgages,” “An Engineer’s Role in Damage,” “How To Develop and Implement a Business Plan for
Here’s the respondent’s brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That’s the case in which the Supreme Court is considering whether the “essential nexus” and “rough proportionality” standards of Nollan and Dolan are applicable only to exactions for land, or whether they are generally-applicable
The Hawaii Supreme Court recently accepted cert in two cases worth watching. Our colleage Rebecca Copeland has summaried both and posted the relevant documents over at Record on Appeal.
Here’s the latest election law case from the Hawaii appellate courts. In Kawauchi v. David, No. CAAP-10-0000066 (Dec. 13, 2012), the Hawaii Intermediate Court of Appeals held that the time deadlines in Haw. Rev. Stat. § 12-8 are mandatory, and that a constitutional challege to the Hawaii County Charter was not timely decided. The
That was quick. As we predicted (and urged), the Hawaii Supreme Court today without comment rejected the County of Maui’s application for a writ of certiorari, which asked the court to review the Intermediate Court of Appeals decision in in Leone v. County of Maui, No 29692 (June 22, 2012) (Supreme Court order
We always like reading amicus briefs filed by the Center for Constitutional Jurisprudence because they tend to focus on the history of whatever issue they are addressing, and the brief they (along with the Atlantic Legal Foundation and the Reason Foundation) filed in in Koontz v. St Johns River Water Mgmt Dist., No.
