The Maui Vacation Rental Association has sued the County of Maui, the county Planning Director, and the Department of Planning in federal court in Honolulu for constitutional and other violations, seeking declaratory and injunctive relief. The complaint summarizes the claims:
This is an action for injunctive and declaratory relief against defendants, and each of them…
The Honolulu Star-Bulletin has posted a story on the recent Hawaii Supreme Court decision in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), entitled “Rocker’s plans for Kauai home blocked.” According to the story, it turns out the decision in Brescia also impacts a neighboring property belonging to the lead singer of the…
More on the Supreme Court of Hawaii opinion in Brescia v. North Shore Ohana (No. 27211, July 12, 2007). The Court took up no less than seven points on appeal, but the most interesting to me was the analysis of the estoppel issue.
The case involved Kauai property within the coastal “Special Management Area.” The…
Two stories in today’s Honolulu papers, “Wal-Mart fights Kauai ban on ‘big-box’ stores,” “Wal-Mart says it will fight for Kauai expansion,” contain all the buzzwords indicating a vested rights and zoning estoppel dispute may be on the horizon. The Advertiser writes:
A recent Kaua’i County ban on new “big-box” stores shouldn’t …
The Hawaii Supreme Court has issued an opinion in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), a case discussing shoreline setbacks, due process, and vested rights. I haven’t had a chance to read the majority opinion authored by Justice Acoba, or the concurring opinion by Justice Levinson, but will post more after…
Last week was a busy one — quite a few local stories about land use and property law. Here’s a rundown:
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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’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…
Recently, I was a guest on Jay Fidell’s ThinkTech program on Hawaii Public Radio, talking about legal issues that may arise when legislation is targeted at specific individuals or companies (what I refer to as “single victim legislation”).
The issue raised its head when the Hawaii Legislature seemed ready to consider a proposal requiring one…
