One for you land users. We’re not going to analyze the Hawaii Intermediate Court of Appeals’ published opinion in Robert D. Ferris Trust v. Planning Comm’n of the County of Kauai, No. CAAP-15-0000581 (Aug. 9, 2016) in too much detail, because our Damon Key colleagues Greg Kugle and Chris Leong represent the prevailing appellant.
Guess What: Hawaii Housing Is Expensive!
Two stories to read, in tandem:
- In the ultimate dog-bites-man story, yesterday’s Honolulu Star-Advertiser headline reads “Home demand outweighs supply.” Well no kidding. As one fellow quoted in story said,”This is the most overstudied subject in the history of mankind … You don’t need a study to know what the numbers are. It’s
Tiki Island’s Prohibition Of Vacation Rentals A Penn-Central Taking (For Now)
Thankfully, the only “Tiki Island” we have in Hawaii is a miniature golf course. Because the name “tiki” should be reserved for such things, or for kitschy bars, or Trader Vic-knockoffs.
And please, honest-to-goodness real municipalities should never be named Tiki Island. No matter how nice they appear to be.
Bad Idea, Part II: There’s Already A “Private Right Of Action” To Enforce Zoning Ordinances
Word comes our way that a bill has been introduced in the Hawaii legislature that would eliminate the primary jurisdiction doctrine and the requirement to exhaust administrative remedies for a narrow class of cases to allow a neighbor to “enforce zoning violations related to transient vacation rental on neighboring property.”
Materials From State Bar Association Appellate Section Presentation: Admin Law Appeals
Here are the written materials from today’s HSBA Appellate Section presentation on administrative law and appeals in Hawaii courts.
A video of the presentation is posted above — it may be a bit dark, but no matter: all you really need is the sound, anyway. Listen to the audio-only session here:
Hawaii Federal Court: Kauai Charter Amendment Limiting Vacation Rentals Is A Prohibited “Zoning Initiative”
Late last year, we posted the Complaint in a federal court lawsuit originating on Kauai. In that case, the owner of a property that has been designated for resort development for 35 years asserted that the adoption of a Charter amendment by the County’s voters and a follow-on ordinance adopted by the County Council that
New Complaint Challenging Kauai’s Limit On Visitor Units
An interesting new complaint filed in U.S. District Court in Hawaii, asserting claims for substantive due process, violation of the zoning enabling act, and the Kauai County Charter.
A owner of property that has been designated for resort development for 35 years is asserting that the adoption by the County’s voters of a charter amendment
HAWICA: Must Pursue Administrative Process To Object To Vacation Rentals
The Hawaii Intermediate Court of Appeals issued an opinion yesterday in Pavsek v. Sandvold, No. 29179 (June 13, 2012), holding that a person complaining about a vacation rental cannot circumvent the City’s enforcement procedures and the administrative appeal process by instituting an original jurisdiction lawsuit claiming that a homeowner is renting her property in
“Nonresident” Property Owners Must Employ Property Managers For TVRs?
Check this out: the Hawaii Legislature is considering two bills (HB1707 and SB2089) that will require “nonresident” property owners who rent their property for thirty days or less (transient vacation rentals) to use a licensed real estate broker to rent the property, and to employ a property manager to operate it. “Nonresident owner”
It’s Others’ Property, You Just “Own” It*
In Landlord’s Uphill Fight to Ease Rent Restrictions, The New York Times reports on the Harmon cert petition (we posted the petition and the amici briefs in that case here), a challenge to New York City’s rent control ordinance.
We won’t rehash our thoughts on the case, but wanted to point out what