The County of Hawaii filed its Answering Brief (2.5mb pdf) in County of Hawaii v. Richards, No. 28882, the consolidatedappeal from two eminent domain lawsuits filed by the County in 2000 and2005.
The issues in the case include:
- application of Haw. Rev. Stat. § 101-27(1993), the statute that provides that the government must make aproperty owner whole and pay damages when an attempt to take propertyby eminent domain is discontinued or dismissed
- whether the government may concurrently prosecute more than one condemnation lawsuit at the same time
- the standards for demonstrating that the government’s claim of public use is pretext to hide private benefit
The brief minus Appendix, is posted here. The Opening Brief is posted here. A link to the trial court’s findings, along with a summary of the case is posted here.
Disclosure: I am part of the legal team representing theappellant/property owner.