Austin, Texas, is where we’re at for the next few days, for the 2016 edition of the American Law Institute-CLE Eminent Domain and Land Valuation conference, now in its 33d year. First time we’re in Austin, however, and our registration numbers are looking very good, and we haven’t had this big a turnout in years.
UIPA - Public Records Law
Final Chapter In Judicial Selection Commission List Public Records Case
As the Star-Advertiser reports here (“State pays newspaper for nominees battle“), Hawaii Governor David Ige has signed a bill which appropriates funds for the State to pay a portion of the legal fees and costs incurred by the Star-Advertiser during its lawsuit which compelled former Governor Neil Abercrombie to stop keeping secret the…
HAWSCT: Agencies Have No Duty To Keep Their Records Accurately
Remember that case we posted about here, when it was set for oral arguments in the Hawaii Supreme Court a few months ago, where the plaintiff was asserting that the County of Hawaii Planning Department was liable for negligence for not maintaining its subdivision files accurately?
Last month, the Hawaii Supreme Court issued a …
On Transparency In The Judicial Selection Process
Ian Lind has an interesting piece in Honolulu Civil Beat, Hawaii Monitor: Ballot Issue Grew Out of Abercrombie’s Retreat Into Secrecy, about the consititutional amendment, recently approved by Hawaii voters, which requires the Hawaii Judicial Selection Commission to make public its list of judicial nominees at the same time that it transmits the…
HAWSCT Clarifies Procedure For Requesting Mandatory Attorneys Fees Under Open Records Laws
Today, the Hawaii Supreme Court issued a unanimous opinion in Oahu Publications, Inc. v. Abercrombie, No. SCWC-13-0000127 (July 31, 2014).
We represent the prevailing petitioner in the case, so won’t be adding much of anything to the court’s words.But if you are interested in government records laws and the interplay between attorneys’ fee recovery…
HAWSCT To Consider Appellate Fees In Open Record Case
Hawaii, like many other jurisdictions, has an open records law. Here, we call it “UIPA” (“yoo-pah” or “wee-pah”) becuase the statute is the Uniform Information Practices Act, and not “FOIA” or “FOIL.” But in substance, it’s mostly the same as our sibling jurisdictions: government records are strongly presumed to be public documents, available to…
HAWSCT Considering Whether A County Has A Duty To Maintain Accurate Public Records
Here’s an interesting case upcoming on the Hawaii Supreme Court’s oral argument calendar that is worth following. (April 29, 2014, at 10:00 a.m. – the court is taking the show on the road, and the arguments will be at the gym at Kealakehe High School, in Kailua-Kona, on the Big Island.)
In Molfino v.
New FOIA Complaint Seeks Information About Underwater Mortgage Eminent Domain Issue
The latest front has opened in the ongoing (and spreading) issue about Mortgage Resolution Partners’ efforts to convince municipalities to use their powers of eminent domain to take underwater mortgages.
Here’s the Complaint, filed today in the U.S. District Court for the Nothern District of California, which seeks public disclosure by the Federal Housing…
HAWICA: Attorneys Fee Award In JSC List Case Was Reasonable
Remember the case from late last year in which the Honolulu Star-Advertiser brought a freedom of information/open records lawsuit against the Hawaii governor to force him to disclose the names of judicial nominees? Abandoning the practice of his two predecessors, the Governor refused to release the list of names of nominees transmitted to him by…
State Appeals Attorneys’ Fees Award In JSC List Case
Remember the case from late last year in which the Honolulu Star-Advertiser brought a freedom of information/open records lawsuit against the Hawaii governor to force him to disclose the names of judicial nominees? Abandoning the practice of his two predecessors, the Governor refused to release the list of names of nominees transmitted to him by…

