Update: there’s been an en banc petition filed.
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An interesting discussion is going on about so-called “judicial fact finding” in the legal blogs, triggered by the acknowledgement by Seventh Circuit Judge Posner that he did an “experiment with a novel approach” in a recent case:
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.
Our friend Paul Schwind has been keeping us up to date on the progress, vel non, of the legal challenge to the Honolulu rail project in the United States District Court for the District of Hawaii. We last reported on the status of this litigation on February 18, 2014, when the Ninth Circuit issued
Since this is the season for self-congratulatory industry awards, we can’t overlook one of our industry’s highest honors, the Zoning and Planning Law Report Land Use Decision Awards (aka the “ZiPLeRs”). For those of you who do not subscribe to the Zoning and Planning Law Report, the “strangest, or at least more dramatic” land use
The Hawaii Supreme Court has issued an opinion in Kauai Springs, Inc. v. Kauai Planning Comm’n, No. SCWC 29440 (Feb. 28, 2014). In its preview of the case, the court framed the issue thusly:
In its application, Kauai Springs argues that the ICA gravely erred by: 1) concluding that Kauai Springs impliedly assented
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.”
Here’s more on that bill which we noted the other day that is making its way through the Florida legislature. The bill would prohibit Florida municipal and local governments from inserting a condition in a development permit unless the exaction is related to the “direct impact of a proposed development.”
I have a long-running and good-natured contest with my Owners’ Counsel and ABA colleague Dwight Merriam about who gets items of interest “fastest with the mostest.” More than a few times has he sent me items, only to find out that we’ve already posted on the subject, or there is a post in the
Looks like they’re at it again, a solution in search of a problem: a bill has been proposed in the Hawaii Legislature to create an “Environmental Court,” whose mission would be to handle “environmental disputes” arising under a wide range of state statutes:
…administrative proceedings and proceedings for declaratory judgment on the validity of agency
The Hawaii Supreme Court has been on a roll lately, giving us a series of decisions clarifying appellate procedure. So in the past couple of months, we’ve got cases about appealability, dismissing appeals for a brief not conforming to the rules, and what is a final appealable order. Good stuff for those